PLEASE READ THESE TERMS AND CONDITIONS OF USE (“USER AGREEMENT”) VERY CAREFULLY.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE “SITE”) OPERATED BY Nerd Power, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Nerd Power’s sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Nerd Power. (References to “you” or “your” shall relate to a customer of Nerd Power or other party that visits, browses, shops, accesses or otherwise uses the Site (the “Customer”); references to “Nerd Power” shall relate to I Nerd Power and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Nerd Power from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Australian copyright law and international treaties. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herin is governed by the laws of the state of Victoria without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Australia,
Access, Interference and Linking
Nerd Power grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under “Use Restrictions,” or with express written consent of Nerd Power .
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Nerd Power; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Nerd Power.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Nerd Power, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any I Nerd Power logo or other proprietary graphic or trademark as part of the link without express written permission.
Nerd Power does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
The copyright in all material provided on this Site is held by Nerd Power or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Nerd Power or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Nerd Power’s prior written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners.
Microsoft and the Passport Logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Nerd Power BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Nerd Power OR A Nerd Power AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Please review our Privacy Notice, which also governs your visit to this Site.
Account and Password
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Nerd Power reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to Nerd Power
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Nerd Power for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Nerd Power is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Nerd Power or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.