The use of this website (www.tekserve.com) and all affiliated sites) is governed by terms set forth herein. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms and you acknowledge that (i) you have read and understand these terms and that you agree to be bound by these terms, as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnification provisions set forth in these terms are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use this site, without which agreement Tekserve would not enter into this agreement or permit you to use this site. You may not modify, copy, reproduce, republish, upload, post, transmit, disseminate, reverse engineer, reverse assemble, sell or distribute in any way any material from this site, including, without limitation, code and software. Printing of any materials from this site is strictly limited to personal, non-commercial, use. You shall have no rights to the proprietary software and related documentation or any enhancements or modifications thereto that permit you to access this site.
You agree to be bound by and accept this agreement as applicable to your use of this site and/or purchase of product(s) from this site. These terms are subject to change without prior written notice at any time, in our sole and absolute discretion. BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE SUBJECT TO THESE TERMS.
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. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.
Item availability and prices for all products sold on this site are subject to change without notice. Prices for products sold on this site may be different from the prices sold through our retail location(s). (Price changes will not be retroactively applied to any outstanding or completed orders.)
Payment for the products purchased on this site may be made by credit card (see below), wire transfer, or other prearranged payment method acceptable to us.
Currently, we accept the following major credit cards: Visa®, MasterCard®, American Express®, Discover®, Carte Blanche®, Diners Club® and JCB®. We may from time to time modify our list of accepted credit cards. You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you. You may further be required to provide us with the security code on your credit card. Incorrect information may cause a delay in processing your order.
Money Orders, Cashier's Checks and Checks
We may from time to time accept money orders, cashier's checks and company checks (subject to verification) in U.S. dollars only (no foreign money orders are accepted). Orders are processed upon receipt of a money order, cashier's check or clearance of a company check. Product availability is determined at the time funds clear or payment is received. We reserve the right to charge a fee not to exceed One Hundred Dollars ($100.00) per instance on returned checks and you agree to pay such fee.
Correction of Errors and Inaccuracies
The information on this site may contain typographical errors or inaccuracies and may not be complete or current. Tekserve reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after submittal of your order). Pictures are provided for illustration purposes. Please note that such errors, inaccuracies or omissions may relate to product description, product picture, pricing and availability. In the event pricing information is inaccurate, Tekserve reserves the right to refuse or cancel any order placed for any product listed at an incorrect price. Tekserve shall have the right to refuse or cancel any such order 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, Tekserve shall issue a credit refund to your credit card account in the amount of the original charge and your product order will be cancelled.
We have used our reasonable efforts to display as accurately as possible the colors of the products shown on this site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We apologize for any inconvenience this may cause you.
Shipping Charges; Taxes
Separate charges for shipping and handling will be set forth on Tekserve's invoice(s) and are in addition to product cost. Tekserve is required by law to charge applicable taxes. In certain instances, upon the presentation of a valid and correct tax exemption certificate applicable to the product to be shipped, Tekserve will waive the collection of applicable sales tax, if such waiver complies with applicable law. You remain responsible for the prompt and proper payment of all taxes applicable to the products shipped to you or your designee.
Title; Risk of Loss
Title to products shipped passes from Tekserve to you on the date of shipment from us. Insured shipping may be available. Please inquire.
To the extent applicable, each product sold on this site is packaged with applicable manufacturer's warranty and service information detailing specific terms and conditions. We encourage you to complete the product registration information and return any registration cards to the manufacturer so that they can contact you if necessary in the future. Additional or extended warranties may be available. Please inquire.
Items purchased via this site may be returned to us in their original packaging only in new and unused condition, with all packing materials (including owners manuals, as applicable). Returns must be made within ten (10) days of the date of purchase. For the purposes of items purchased via this site, the date of purchase is the date of our shipment of the item to you. Items returned to us are subject to a restocking fee of fifteen percent (15%). Software is not returnable. Labor costs are not refundable. Our customer service staff does not have the authority to change or modify our return policies.
Governing Law; Severability
THIS AGREEMENT AND ANY SALES HERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU AGREE THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN THE STATE, CITY AND COUNTY OF NEW YORK AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE, CITY AND COUNTY OF NEW YORK.
If any provision or portion thereof set forth in these terms is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision. To the extent permitted by applicable law, you agree, that, by using this site, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating to, your use of this site and/or these terms must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.
You agree to indemnify, defend and hold harmless Tekserve and its affiliates, and their respective shareholders, directors, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of this and/or any third party sites.
Tekserve is a registered trademark of Tekserve Corporation. The marks, trademarks and servicemarks of Tekserve and its affiliates may not be used in connection with any third-party products or services or otherwise. All other brands and names (including third-party product names) are the property of their respective owners and may be subject to copyright and/or trademark protection.
Copyrights; Use of Content
All of the content included on this site, including all the text, graphics, photographs, graphs, sounds, data, images, audio and video clips available on this web site ("Content"), is the property of Tekserve or its content suppliers and protected by U.S. and international copyright laws. All software used to operate this site is the property of Tekserve and its partner software suppliers, and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on this site is the exclusive property of Tekserve and protected by U.S. and international copyright laws. ©Copyright 2004 Tekserve Corporation. ALL RIGHTS RESERVED.
The Content of this site, and the site as a whole, are intended solely for personal, noncommercial use by the users of this site. All the Content available on this site may only be used by you for your personal shopping and data-gathering resources. You may make copies of selected portions of the Content, provided that such copies are made only for your personal use and only if you maintain any proprietary notices contained in such Content. Any other use, including but not limited to, the reproduction, modification, distribution, transmission, republication, display or performance of the Content for any other purposes is strictly prohibited.
Copyrighted Material - Alleged Infringement
In accordance with Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, Tekserve has implemented procedures for the removal of material that is copyright protected and infringed upon. If you believe that a copyright has been infringed upon, please provide Tekserve with written, signed notification by certified mail to "Copyright Officer" at the address set forth for contacting this site below. Your notification must include: (i) identification of the copyrighted material claimed to have been infringed upon; (ii) information as to the location of the alleged infringed upon material sufficient to enable Tekserve to locate such material; (iii) information sufficient to enable Tekserve to contact the owner of such copyrighted material; (iv) a statement that the use of the material is not authorized or permitted by the owner of such material; and (v) a statement that the information contained in the notification is certified as true under the penalties of perjury. Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement.
These Terms May Change
Tekserve reserves the right to update or modify these terms at any time without prior notice. Your use of this site following any such change constitutes your agreement to follow and be bound by these terms as modified. For this reason, we encourage you to review these terms whenever you use this site.
This site is owned and operated by Tekserve Corporation., 119 West 23rd Street, New York, New York 10011.
This site and its contents, and the links to the third party sites and their contents, are provided on a strictly "as-is" and "as-available" basis and without warranties or representations of any kind, express or implied. To the maximum extent permitted by law, Tekserve specifically disclaims all representations and warranties, express, implied or otherwise, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and non-infringement, and implied warranties from course of dealing or performance and any warranties as to results that may be obtained through use of this site or the third party sites. Tekserve does not warrant that the functions contained in the materials furnished on this site or any third party site will be uninterrupted, available or error-free, that defects or errors will be corrected or that this site will be available, free from viruses or other harmful components.
Under all circumstances, including, without limitation, negligence and strict product liability, your use of this site and the third party sites is solely at your own risk. Tekserve shall not be responsible for any direct, indirect, consequential, special, punitive or other damages (whether liability is asserted in contract, tort or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of good-will, loss of or damage to property or claims of third parties, arising out of, in connection with, or relating to your use of this site or any third party site. Should you be dissatisfied with this site or the content hereof or a third party site and the content thereof, your sole and exclusive remedy is to discontinue use of this site or such third party site. To the extent permitted by applicable law, the foregoing remedy shall apply even if Tekserve knew or should have known of the possibility of damages to you by use of this site or a third party site.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If you have any questions about the terms set forth herein, our practices, or your dealings with this site, please feel free to contact us at:
119 West 23rd Street
New York, New York 10011
(212) 929-3645 (Telephone)
(212) 929-9280 (Facsimile)