THIS
DOCUMENT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS
AND OBLIGATIONS AS A CUSTOMER, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT MAY APPLY TO YOU
This
Agreement contains the terms and conditions that apply to
purchases by customers from My Little Genius™ on orders for
computer keyboards, computer mice and/or other products sold by
My Little Genius™ in the United States. By accepting delivery
of the computer keyboards, computer mice and/or other products,
Customer agrees to be bound by and accepts these terms and
conditions. If for any reason you are not satisfied with
you’re My Little Genius™ - branded products, you may return
the product under the terms and conditions of the My Little
Genius™ return policy, which is located online on our Warranty
page or may be found in the documentation accompanying the
computer keyboard, computer mouse or other product purchased.
My
Little Genius™ may at any time revise or change these terms
and conditions without prior written notice. By using this Site,
you agree to be bound by any such revisions or changes and
should therefore periodically visit this page to determine the
then current terms and conditions to which you are bound.
1.
Other Documents. Other than as specifically provided herein,
these terms and conditions may NOT be altered, supplemented, or
amended by the use of any other document(s). Any attempt to
alter, supplement or amend this document or to enter an order
for product(s) which is subject to additional or altered terms
and conditions will be null and void, unless otherwise agreed to
in a written agreement signed by both Customer and My Little
Genius™.
2.
Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL
BE GOVERNED BY THE LAWS OF THE DISTRICT OF COLUMBIA, WITHOUT
REGARD TO ANY CONFLICTS OF LAWS OR RULES THAT MAY EXIST OR
ARISE.
3.
Terms of Payment; Orders; Quotes. Terms of payment are
within My Little Genius™' sole discretion, and unless
otherwise agreed to by My Little Genius™, payment must be
received by My Little Genius™ prior to My Little Genius™
accepting an order. Payment for the products and services and
support may be made by credit card or some other prearranged
payment method unless My Little Genius™ has agreed to credit
terms. Orders are not binding upon My Little Genius™ until
accepted by My Little Genius™. Any quotations given by My
Little Genius™ will be valid for the period stated on the
quotation.
4.
Shipping Charges; Taxes. Customer shall be responsible for
all shipping charges that are associated with their purchase(s)
unless otherwise agreed to in writing by My Little Genius™.
The Customer is responsible for sales and all other taxes
associated with the order, unless Customer provides My Little
Genius™ with a valid and correct tax exemption certificate
applicable to the product ship-to location prior to My Little
Genius™' acceptance of the order.
5.
Title to product; Risk of Loss. Title to products passes
from My Little Genius™ to Customer on shipment from My Little
Genius™ or its suppliers manufacturing/distribution
facilities. Loss or damage that occurs during shipping by a
carrier selected by My Little Genius™ is My Little Genius™'
responsibility. Loss or damage that occurs during shipping by a
carrier selected by Customer is Customer's responsibility.
6.
Warranties. The limited warranties applicable to My Little
Genius™ branded products are included in the documentation
provided with the products and may also be found online on our Warranty
page. There are no warranties for services. My Little Genius™
makes no express warranties except those stated in My Little
Genius™ applicable warranty statement. Any such warranties
will be effective, and My Little Genius™ will be obligated to
honor any such warranties, only upon My Little Genius™'
receipt of payment in full for the item to be warranted.
7.
Return Policies. My Little Genius™ branded products that
are purchased directly from My Little Genius™ by an end-user
Customer may be returned by Customer in accordance with the My
Little Genius™ return policy. All non-defective products
purchased through My Little Genius™ that are returned to My
Little Genius™ are subject to a fifteen percent (20%)
restocking fee.
8.
Exchanges. Occasionally, My Little Genius™ may, in its
sole discretion, exchange products or portions of a product. Any
exchanges will be made on an individual case by case basis.
9.
Products. My Little Genius™ continually upgrades and
revises its products and service offerings to provide My Little
Genius™ customers with new products and service offerings. My
Little Genius™ may revise and discontinue products at any time
without prior notice to customers. In these cases My Little
Genius™ will ship products that have similar functionality and
performance of the products ordered.
10.
Third Party Products. Any warranty and technical support
provided on third-party products purchased through My Little
Genius™ shall be solely provided by the original manufacturer
and not by My Little Genius™. These products may be returned
only in accordance with the return policy of the original
manufacturer. The warranties and technical support may vary from
product to product.
11.
Limited Liability. My Little Genius™ does not accept
liability beyond the remedies set forth herein, including any
liability for products not being available for use or for lost
or corrupted data or software, or the provision of services and
support. My Little Genius™ will not be liable for any loss or
other consequential, special, indirect, or punitive damages,
even if advised of the possibility of such damages, or any claim
by any 3rd party except as expressly provided herein. Customer
agrees that for any liability related to the purchase of
products or services bundled with the products, My Little Genius™
is not liable or responsible for any amount of damages above the
aggregate dollar amount paid by Customer for the purchase of
products or services under this agreement.
12.
Arbitration. Any claim, dispute, or controversy against My
Little Genius™, its agents, employees, successors, assigns or
affiliates (collectively for purposes of this paragraph, the
"Little Genius™") 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), My Little Genius™' advertising, or any
related purchase shall be resolved exclusively and finally by
binding arbitration administered by the NATIONAL ARBITRATION
FORUM (NAF) under its Code of Procedure then in effect. The
arbitration will be limited solely to the dispute or controversy
between Customer and My Little Genius™. Any award of the
arbitrator(s) shall be final and binding on each of the parties,
and may be entered as a judgment in any court of competent
jurisdiction. Information may be obtained and claims may be
filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
13.
Service and Support. My Little Genius™ will provide
general technical support to Customer in the United States, in
accordance with the then-current technical support policies in
effect. Service offerings may vary from product to product.