# Terms and Conditions
**Effective Date: March 23, 2025**
## 1. Introduction and Acceptance
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and [Company Name], a California corporation ("Company," "we," "us," or "our"), governing your access to and use of our website, marketplace, and services (collectively, the "Platform") through which we offer hardware, Chromebooks, and software-as-a-service (SaaS) products for educational purposes.
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.
## 2. Eligibility
2.1 You must be at least eighteen (18) years of age to create an account and enter into a binding agreement with us. If you are under eighteen (18) years of age, you may only use the Platform with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.
2.2 If you are accessing or using the Platform on behalf of an educational institution or other entity, you represent and warrant that you have the authority to bind that institution or entity to these Terms.
## 3. Account Registration and Security
3.1 You may be required to create an account to access certain features of the Platform. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 We reserve the right to disable any user account at any time, in our sole discretion, if we believe you have violated these Terms or if we determine your actions may cause legal liability for you, other users, or us.
## 4. Platform Use and Restrictions
4.1 **License to Use.** Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your personal or internal business purposes.
4.2 **Prohibited Activities.** You agree not to:
- Use the Platform for any illegal purpose or in violation of any laws or regulations
- Infringe upon the intellectual property rights of the Company or any third party
- Interfere with or disrupt the operation of the Platform or servers
- Attempt to gain unauthorized access to the Platform or other user accounts
- Use the Platform to transmit any viruses, worms, or malicious code
- Engage in scraping, data mining, or harvesting information from the Platform
- Reverse engineer, decompile, or disassemble any portion of the Platform
- Use the Platform to engage in fraudulent activities
4.3 We reserve the right to monitor your use of the Platform to ensure compliance with these Terms.
## 5. Product Purchases
5.1 **Product Descriptions.** We strive to accurately describe all products offered on our Platform. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free.
5.2 **Pricing and Availability.** All prices are shown in U.S. dollars and are subject to change without notice. We reserve the right to limit quantities, refuse service, and/or cancel orders at our discretion.
5.3 **Order Acceptance.** Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or reject any order for any reason.
5.4 **Payment Terms.** By providing payment information, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate and complete. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred.
5.5 **Educational Pricing.** Certain products may be offered at special educational pricing. By purchasing products at educational pricing, you represent and warrant that you meet the eligibility requirements for such pricing.
## 6. Hardware and Chromebook Terms
6.1 **Delivery and Acceptance.** Risk of loss and title for hardware products pass to you upon delivery to the shipping carrier. You must inspect products upon receipt and notify us of any damaged or defective products within five (5) business days.
6.2 **Warranties.** Hardware products may come with a manufacturer's warranty. We pass through to you any such warranties to the extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN A MANUFACTURER'S WARRANTY, ALL HARDWARE PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND.
6.3 **Returns and Refunds.** Hardware may be returned within thirty (30) days of receipt if in original condition, unless otherwise specified. Restocking fees may apply. Customized or special-order items may not be returnable.
## 7. SaaS Terms
7.1 **License.** For SaaS offerings, we grant you a limited, non-exclusive, non-transferable license to use the software strictly in accordance with these Terms and any documentation provided.
7.2 **Subscription Terms.** SaaS subscriptions will automatically renew for additional periods equal to your initial subscription period unless canceled at least thirty (30) days before the end of the current term. You may cancel a subscription by following the cancellation instructions on the Platform.
7.3 **Data.** You retain all rights to your data that you upload to the SaaS platform. You grant us a non-exclusive license to use such data solely to provide and improve the SaaS services. We will handle your data in accordance with our Privacy Policy.
7.4 **Compliance with Laws.** If you are an educational institution, you acknowledge that you are responsible for ensuring that your use of our SaaS complies with applicable education laws, including the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA), where applicable.
## 8. Intellectual Property Rights
8.1 **Company IP.** All content, design, graphics, compilation, magnetic translation, digital conversion, software, and other matters related to the Platform, including all copyrights, trademarks, patents, and any other proprietary rights, are owned or licensed by us or our suppliers and protected by law.
8.2 **Limited License.** We grant you a limited license to access and make personal use of the Platform but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
8.3 **Feedback.** If you provide us with any feedback or suggestions, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback in any way.
## 9. User Content
9.1 If you submit, post, or display content on or through the Platform ("User Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing and promoting the Platform.
9.2 You represent and warrant that you own or have the necessary rights to submit the User Content and that the User Content does not violate the rights of any third party.
## 10. Disclaimers and Limitations of Liability
10.1 **Disclaimer of Warranties.** THE PLATFORM AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
10.2 **Limitation of Liability.** TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; OR (iii) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
10.3 **Cap on Liability.** IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM, PRODUCTS, OR SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO US FOR THE APPLICABLE PRODUCT OR SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
10.4 **Essential Purpose.** THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
## 11. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your violation of any third-party rights.
## 12. Governing Law and Dispute Resolution
12.1 **Governing Law.** These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
12.2 **Dispute Resolution.** Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [County], California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
12.3 **Class Action Waiver.** ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
12.4 **Exceptions.** Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any state or federal court in California to protect its intellectual property rights.
## 13. California-Specific Provisions
13.1 **Notice for California Users.** Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
13.2 **California Consumer Privacy Act.** California residents may have additional rights regarding their personal information under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for more information.
## 14. Modifications to the Terms
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Platform. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of such changes. We will provide notice of material changes by updating the "Effective Date" at the top of these Terms and/or by other reasonable means.
## 15. Termination
15.1 We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
15.2 Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
## 16. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
## 17. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by us on the Platform, constitute the entire agreement between you and us concerning the Platform.
## 18. Contact Information
If you have any questions about these Terms, please contact us at:
[Company Name]
[Street Address]
[City, State ZIP]
[Email Address]
[Phone Number]
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BY USING OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.
# Return and Refund Policy
**Effective Date: March 23, 2025**
## 1. Introduction
This Return and Refund Policy ("Policy") outlines the terms and conditions governing returns, exchanges, and refunds for products purchased through our website and marketplace platform ("Platform"). This Policy applies to all hardware products (including Chromebooks and related equipment) and software-as-a-service ("SaaS") subscriptions offered by [Company Name] ("Company," "we," "us," or "our").
## 2. General Return Policy
2.1 **Return Eligibility Period**
- Hardware products may be returned within thirty (30) calendar days from the date of delivery.
- SaaS subscriptions may be canceled within fourteen (14) calendar days from the purchase date for a full refund if the service has not been substantially utilized.
2.2 **Return Condition Requirements**
All hardware returns must meet the following conditions:
- Items must be in original, unopened packaging for a full refund
- Items returned in opened packaging but in new condition may be subject to a 10% restocking fee
- Items must be complete, including all accessories, manuals, warranty cards, and free promotional items
- Original proof of purchase must be provided
- Return merchandise authorization (RMA) number must be obtained prior to return (see Section 3)
2.3 **Non-Returnable Items**
The following items are not eligible for return or refund:
- Custom-configured hardware or special-order items
- Software products with broken seals or activated license keys
- Items damaged due to misuse, abuse, or improper handling
- Items purchased more than 30 days prior to the return request
- Consumable items (e.g., batteries, toner) that have been opened or used
- SaaS subscriptions after the 14-day cancellation period
## 3. Return Process
3.1 **Initiating a Return**
To initiate a return, customers must:
1. Contact our Customer Service Department at [email address] or [phone number] within the eligible return period
2. Provide order number, purchase date, product information, and reason for return
3. Receive a Return Merchandise Authorization (RMA) number
4. Return the product according to the shipping instructions provided
3.2 **Return Shipping**
- Customer is responsible for return shipping costs unless the return is due to our error or a defective product
- All returns must be sent using a trackable shipping method
- The RMA number must be clearly marked on the outside of the package
- Risk of loss during return shipment remains with the customer until the product is received by us
- Returns sent without an RMA number may be refused or subject to processing delays
3.3 **Processing Timeline**
- Return requests are typically processed within 2 business days
- Physical inspection of returned items is typically completed within 5 business days of receipt
- Refunds are generally processed within 7-10 business days after inspection approval
## 4. Refunds
4.1 **Refund Methods**
Refunds will be issued to the original payment method:
- Credit/debit card purchases will be credited to the same card
- PayPal payments will be refunded to the PayPal account
- Purchase orders or other institutional payment methods will be refunded according to terms agreed upon with the institution
4.2 **Refund Amounts**
- Full refunds will be issued for:
- Items returned in original, unopened packaging within the return period
- Defective items reported within the return period
- Orders canceled before shipment
- Incorrectly shipped or wrong items
- Partial refunds may be issued for:
- Items returned in opened packaging but in new condition (10% restocking fee may apply)
- Items returned with missing accessories or components (deduction based on missing items)
- Items showing signs of light use or handling (reduction determined by condition assessment)
- No refunds will be issued for:
- Items damaged by customer
- Items returned beyond the eligible return period
- Non-returnable items as defined in Section 2.3
4.3 **Refund Timing**
- Credit/debit card refunds may take 5-10 business days to appear on your statement
- Other refund methods may take up to 14 business days to process
## 5. Exchanges
5.1 **Exchange Eligibility**
Exchanges are available for items that:
- Are eligible for return under Section 2
- Are being exchanged for the same product (e.g., different color) or an upgraded version of the same product category
5.2 **Exchange Process**
- Customer must follow the return process in Section 3 and indicate desire for exchange
- If the exchange item is of higher value, the customer must pay the difference
- If the exchange item is of lower value, the difference will be refunded according to Section 4
5.3 **Exchange Shipping**
- For defective products or our errors: We will cover shipping costs for both the return and the replacement item
- For customer preference exchanges: Customer is responsible for return shipping costs, and standard shipping rates apply for sending the exchange item
## 6. Defective Products
6.1 **DOA (Dead on Arrival) Products**
- Products that are defective upon receipt ("DOA") must be reported within 7 days of delivery
- DOA products may be replaced or refunded at our discretion
- We will cover shipping costs for returning DOA products
6.2 **Warranty Claims**
- Products that fail after the return period but within the manufacturer's warranty period must be processed as warranty claims
- Hardware products typically come with manufacturers' warranties ranging from 90 days to 1 year
- Warranty claims must be directed to the manufacturer according to their warranty process
- We may, at our discretion, assist with the warranty claim process
## 7. SaaS-Specific Refund Terms
7.1 **Subscription Cancellation**
- Annual SaaS subscriptions canceled within 14 days of purchase and before substantial use qualify for a full refund
- Monthly SaaS subscriptions canceled before the next billing cycle will not be charged for the upcoming period, but no partial refunds are provided for the current billing period
- Educational institution subscriptions may have modified terms as specified in the service agreement
7.2 **Service Credits**
- Service disruptions or performance issues may be eligible for service credits rather than monetary refunds
- Service credits will be applied to future subscription periods
- Service credit eligibility is determined according to our Service Level Agreement
7.3 **Data Retrieval**
- Upon subscription cancellation, customers have 30 days to retrieve their data before it is permanently deleted
- Data retrieval services after cancellation may incur additional fees
## 8. Educational and Bulk Purchases
8.1 **Educational Institutions**
- Educational institutions purchasing in bulk may have modified return policies as specified in their purchase agreements
- Volume discounts may be subject to minimum purchase requirements; returns reducing quantities below threshold levels may result in adjusted pricing
8.2 **Bulk Order Returns**
- Partial returns of bulk orders may be accepted at our discretion
- Bulk returns may require longer processing times
## 9. Exceptions and Special Circumstances
9.1 **Promotional Items**
- Items received as part of a promotion or bundle may affect the refund value of returned items
- Free items received with a qualifying purchase must also be returned if the qualifying purchase is returned
9.2 **Pandemic or Emergency Circumstances**
- During declared emergencies or pandemic situations, return periods may be extended
- Special sanitization requirements may apply to returned items
9.3 **Holiday Season Extensions**
- Items purchased between November 15 and December 31 may be returned until January 31 of the following year
## 10. California-Specific Provisions
10.1 In accordance with California law, California residents who purchased products through our Platform have specific rights regarding returns and refunds.
10.2 For any warranty or guarantee we offer, California residents can submit warranty claims to the address provided in Section 12.
10.3 California customers may have additional rights not specified in this Policy. Nothing in this Policy is intended to limit rights provided by California law.
## 11. Modifications to this Policy
We reserve the right to modify this Return and Refund Policy at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform following the posting of the revised Policy constitutes your acceptance of such changes. Material changes will be indicated by updating the Effective Date at the top of this Policy.
## 12. Contact Information
For questions or concerns regarding this Return and Refund Policy, please contact:
[Company Name]
[Street Address]
[City, CA ZIP Code]
[Email Address]
[Phone Number]
[Hours of Operation]
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This Return and Refund Policy was last updated on March 23, 2025. Please keep a copy of this Policy for your records.
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