By using Retrevos website and associated services and widgets, including graphics, code and all associated documentation (Retrevo Services), you agree to be legally bound by and comply with the following terms and conditions (the Term of Service).
Changes in Terms and Conditions
We reserve the right to modify terms of our services from time to time, without notice and without liability to you or any other user. Please review these Terms of Service periodically. By continuing to access or use the Retrevo Services, you agree to be bound by the revised Term of Service.
The sites displayed as search results or linked to by Retrevo Services are developed by people over whom Retrevo exercises no control. These search results are generated automatically by Retrevos search software. Some of the search results may link to websites that may be inaccurate, inappropriate, objectionable, or offensive. We cannot guarantee that Retrevo search results will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Retrevo Services.
Limitations of Use
The Retrevo Services, except for the Retrevo branded widgets, are made available for your personal, non-commercial use only. You may not use the Retrevo Services to sell a product or service, or to increase traffic to your website for any commercial reasons. You may not take the results from Retrevo Services, whether directly or via Retrevo branded widgets, and reformat and display them, or mirror the Retrevo home page or results pages on your website. If you want to make commercial use of the Retrevo Services or the results from Retrevo branded widgets, you must enter into an agreement with Retrevo in advance. You may not use the Retrevo Service in any manner that either directly or indirectly violates any federal, state, or local laws, or any court or regulatory orders.
Intellectual Property and Digital Millennium Copyright Act Compliance
Retrevo respects the intellectual property rights of others and expects our users to do the same. Retrevo may remove or prevent access to allegedly infringing material at its discretion.
Pursuant to the Digital Millennium Copyright Acto of 1998 (17 United States Code Paragraph 512(c)(2)), Retrevos designated agent for notice of alleged copyright infringement appearing on Retrevos website is:
Vipin Jain 440 N. Wolfe Rd. Sunnyvale, CA 94040 Phone: 1-855-738-7386 Email: legal at retrevo dot com
You agree to comply with the following while using the Retrevo Services or content:
- Not access, tamper with or use the non-public areas of the technical delivery systems of Retrevo and Retrevos network service providers;
- Not attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- No automated queries of any sort to Retrevos systems without express permission in advance from Retrevo;
- Not attempt to reverse engineer any of the software used to provide the Retrevo Services;
- Not, and will not allow any third party to (a) edit, modify or change the user interface; (b) remove, distort or alter any element; (c) remove, deface, obscure, or alter Retrevos copyright notice, trademarks or other proprietary rights notices; Not to interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Retrevo Services;
- No impersonation or misrepresentation of your affiliation with any person or entity.
User Submitted Content
You may post reviews, comments, photos, videos and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information, provided the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Content may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content.
If you do post content or submit material, and unless we indicate otherwise, you grant Retrevo a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, and display such content throughout the world in any media.
You grant Retrevo the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or supply; that the content is accurate; that use of the content you supply does not violate this Term of Service and will not cause injury to any person or entity; and that you will indemnify Retrevo for all claims resulting from the content you supply.
Retrevo has the right, but not the obligation, to monitor and edit or remove any activity or content. Retrevo takes no responsibility and assumes no liability for any content posted by you or any third party.
Licensed Use of Logos and Brand Names
Retrevo hereby grants you a non-transferable, non-sublicenable, non-exclusive license to display Retrevos logos and brand names (including trade names, trademarks, service marks, and domain names) in conjunction with your use of the Retrevo branded widgets. Use of Retrevos logos and brand names is subject to Retrevo logo and brand name usage guidelines. All use by your of Retrevos logos and brand names will inure to the benefits of Retrevo. You hereby grant to Retrevo a non-transferrable and non-exclusive license to use your logos or brand names to advertise that you are using the Retrevo branded widgets.
An order is not binding upon Retrevo.com until it is accepted; Retrevo.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, PayPal or some other method prearranged with Retrevo.com.
Risk of Loss
Retrevo.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Retrevo.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Retrevo.com to sign appropriate documents on Customer's behalf to permit Retrevo.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Retrevo.com will advise Customer of estimated shipping dates, but Retrevo.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
You can return most items sold on the Retrevo marketplace within 30 days of delivery for a refund. We will refund the value of the merchandise returned, the original shipping charge and return shipping costs if you're returning an item that is a result of our error (product arrived damaged or we sent you the wrong product). If you decide you no longer want or need the product, you can return it for a full refund of the item price. You will be responsible for the original shipping and return shipping costs.
You may return any computer (including desktop, notebook, netbook and tablet) purchased from Retrevo.com that is "dead on arrival," arrives in damaged condition, or is still in unopened boxes, for a full refund within 30 days of purchase. Retrevo.com reserves the right to test "dead on arrival" returns and impose a customer fee equal to 15 percent of the product sales price if the customer misrepresents the condition of the product.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Retrevo.com and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Retrevo.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, Santa Clara County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Retrevo.com that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms of service, together with Retrevo.com's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Retrevo.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Retrevo.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
We reserve the right to investigate suspected violation of this agreement, to remove or edit posted content, and to suspend or terminate the use of the Retrevo Services by the direct of indirect violator.
Disclaimers of Warranties
The Retrevo Services, including all information and content, are provided AS IS, without any warranties, expresses or implied. Without limiting the forgoing, Retrevo disclaims explicitly any warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. Retrevo makes no warranty regarding the timeliness, performance, reliability and security of the Retrevo Services. Retrevo disclaims any and all responsibilities or liability for the accuracy, content, completeness, legality, operability, or availability of information or content displayed or linked to by Retrevo Services. Retrevo makes no warranty of the quality of any products, services or information purchased or obtained, orally or written, from or through the Retrevo Services.
Limitation of Liability
To the maximum extent permitted by applicable law, neither Retrevo nor its licensors and service providers involved in the creation and delivery of the Retrevo Services shall be liable for any direct, indirect, incidental, consequential, special, exemplary and punitive damages resulting from your use or misuse of and reliance on the Retrevo Services, from inability to access and use, the Retrevo Services, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Retrevo or its licensors and service providers have been advised of the possibility of such damages. Such limitation of liability shall also apply to damages incurred through information, advices, goods or services received via the Retrevo Services or the links provided in the Retrevo Services. Further more, you specifically acknowledge that Retrevo is not liable for the defamatory, offensive or illegal conduct of the other users or third parties and that the risk of injury from the foregoing rests entirely with you. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. Without limiting the foregoing, under no circumstances shall Retrevo be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, labor or material shortages, fires, floods, storms, explosions, acts of God, war, government actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in light, heat, or air conditioning.