Overview
This website is operated by MET Servers, a brand
of Majestic International Electronic Technologies, Inc (MET). Throughout the
site, the terms “we”, “us” and “our” refer to MET Servers, and by extension,
MET. MET Servers offers this website, including all information, tools and
services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here. By
visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.
Any new features or tools, which are added to, the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on 3DCart. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age
of majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site. You may not use
our products for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not limited
to copyright laws). You must not transmit any worms or viruses or any code of a
destructive nature. A breach or violation of any of the Terms will result in an
immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks. You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access to
the Service or any contact on the website through which the service is
provided, without express written permission by us. The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain historical information. Historical information is
not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the
right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time. We shall not be liable to you or to any
third-party for any modification, price change, suspension or discontinuance of
the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy. We have made every
effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate. We reserve the right, but are
not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited. We do not warrant that the
quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service
will be corrected.
RackGuard
Services
If you purchase an extended MET RackGuard warranty,
additional Terms and Conditions will apply. Please see here for more details.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, including web,
phone, and email orders. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions
may include orders placed by or under the same customer account, the same
credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
We offer various payment gateways for your
convenience, including Authorize.net, PayPal, Bitpay, and others. Our
integrations with these services require sharing data in order to process
certain payment transactions. We are not selling or authorizing any agents to
contact you that are not employed by our company. Furthermore, these payment
gateways maintain their own data security procedures. We do not store any
sensitive financial data on our servers and we utilize a SSL certificate to
further secure our site.
We can only consider an order paid when the
payment has settled in MET's account. We cannot use your records of payment
transfer as proof of payment. Any issues with payment, payment data security,
or lost/delayed payments must be discussed directly with the appropriate
third-party gateway.
A Note about Bitcoin and other Crypto-Currencies
We offer Bitpay as a courtesy. In the event of a
refund, return, or any modification of a cryptocurrency original transaction,
we will discuss terms with you in the denomination of US Dollars. Upon issuing
the credit/payment, we will offer exact exchange rate that Bitpay offers at
that time.
When accepting cryptocurrency, Bitpay requires
block confirmation (usually six blocks) before releasing payment. We will begin
processing your order as soon as payment has been released to us.
Note: As of May 7, 2019 Paypal does not refund seller fees. In a situation where you (the buyer) are asking for a refund rather than replacement, and if your original payment method was Paypal, MET Servers will not reimburse Paypal fees when we issue your refund.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input. You acknowledge and agree that we
provide access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional
third-party tools. Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s). We may also, in the future, offer new
services and/or features through the website (including, the release of new
tools and resources). Such new features and/or services shall also be subject
to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties. Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do not warrant and
will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Our Privacy Policy governs your submission of personal information through the
store.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules, laws,
or local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results
that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you. You
expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions of
any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall MET Servers, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MET Servers and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes. These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you cease
using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision. These
Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service). Any ambiguities in the interpretation of these Terms
of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of the
United States of America and the State of Texas.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at
this page. We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the terms of service should be sent to [email protected]
Legal Notice
Loss or Risk of Loss
If the Customer provides MET Servers (“MET Servers”, ”us”, ”we”) with
Customer's carrier account number or selects a carrier other than a carrier
that regularly ships for MET Servers or our suppliers, title to products and
risk of loss or damage during shipment passes from MET Servers to Customer upon
confirmation of purchase. For all other shipments, title to products and risk
of loss or damage during shipment passes fromMET Serversto Customer upon
receipt by Customer. Notwithstanding the foregoing, title to software will
remain with the applicable licensor(s) and Customer's rights therein are
contained in the license agreement between such licensor(s) and Customer.
Customer will be responsible for all shipping and related charges.
Exporting
If this transaction involves an export under the U.S. export regulations, the
commodities, technology and/or software sold or distributed under these terms
and conditions of sale exported from the United States by theitmart.Com were
exported in accordance with such regulations. Diversion, use, export or
re-export contrary to United States law is prohibited. The commodities,
technology and/or software sold or distributed under these terms and conditions
of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan,
North Korea or Syria or to entities and persons that are ineligible under United
States law to receive United States commodities, technology and/or software. In
addition, manufacturers' warranties for exported products may vary or may be
null and void for products exported outside the United States.
Issue Resolution
You and MET Servers agree to resolve any controversy, dispute, or claim arising
out of or relating to your purchase of any product or service from MET Servers
by binding Arbitration administered by the American Arbitration Association, or
in a small claims court, and judgment on the arbitration award rendered by the
Arbitrator(s) may be entered in a court having competent jurisdiction. This
agreement to arbitrate is intended to be broadly interpreted and covers all
controversies, disputes, claims arising out or relating to your purchase
including, but not limited to contract claims, tort claims and statutory
claims, or any combination of claims. We agree that the arbitration or small
claim proceeding will take place in Dallas, Texas.
For any questions, please contact us at [email protected]
Limited Liability
MET Servers will not be held liable for any
indirect, direct, incidental, special, punitive, or consequential damages in
connection with or arising out of the sale, installation, use, operation,
service or repair of any product. This includes the breach of warranty or
contract, strict liability, negligence or otherwise, whether or not MET Servers
has or should have been advised as to the possibility or reason of any such
potential loss or damage.
MET Servers expressly disclaims all legal liability in relation to any personal injury or property loss arising from any reason out of the use of products/services purchased from MET Servers, including but not limited to, military, medical treatment, traffic control and disaster prevention, or related equipment.
