Acceptance by You of Terms.
The Site is intended for use by business customers of TigerDirect.ca and may not be available at all times or in all areas. We may permit you to register for services, and/or deny service to you, at any time and in our sole discretion, including without limitation, in the event you do not adhere to the Rules of Conduct set forth below. To the fullest extent permissible under applicable law, We reserve the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site; and/or (c) modify or waive any fees charged in connection with the Site. To the fullest extent permissible under applicable law, You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after any such changes will indicate your acceptance of such changes.
Prices and Availability. Because of the fast-moving nature of the IT supply industry, prices and availability are subject to change without notice. We are unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice and to cancel any order we are unable to fill where availability is constrained and an order is processed in error. Your Account Executive or sales representative can inform you when a product or solution is not in stock, and can tell you when we expect the product will be available. Anticipated delivery dates are based upon vendor supplied information and are subject to correction or change.
Systems, Typographic, Photographic and Other Technical Errors. Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right in our sole discretion to substitute equivalent items if available. If an error is made and a product is listed at an erroneous price or shown as available when it is not, we may, at our sole discretion, refuse or cancel any such orders processed as a result of such error, to the fullest extent permissible under applicable law. If an order has been confirmed and charged to your credit card at the incorrect price or where the product, service or solution is not available, we reserve the right in our sole discretion to promptly issue a credit in the amount of the incorrect price or unavailable product, service or solution.
As part of the registration process for certain Site Services, you may be asked to select a username and password. We may refuse registration to anyone and/or require additional information prior to accepting any registration, in our sole discretion. Furthermore, we may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, in each case, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site Services or any part of the Content to any third party without our prior written consent. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at firstname.lastname@example.org. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
Rules of Conduct.
While using the Site, you agree to comply with all applicable laws, rules and regulations. In addition, users of the Site must respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following Rules of Conduct. You agree you will not:
- Transmit or otherwise make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right;
- Use the Site for any fraudulent or unlawful purpose or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense or that encourages or provides instructional information about illegal or potentially illegal activities;
- Transmit or otherwise make available any material, non-public information about a company without the proper authorization to do so;
- Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- Impersonate any person or entity, including, but not limited to, any agent or representative of ours, falsely state or otherwise misrepresent your affiliation with any person or entity or express or imply that we endorse any statement you make, without our prior written consent;
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, easter egg, time bomb, web bug, cancelbot, "spyware," or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- Interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available or disobey any requirements, procedures, policies or regulations of such servers or networks;
- Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site;
- Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity or any other form of solicitation;
- Sell, license, or exploit for any commercial purposes any use of or access to the Content, Site Services or Site;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, Site Services, or the Site;
- Remove any copyright, trademark, or other proprietary rights notice contained in the Content, Site Services, or the Site;
- Frame or mirror any part of the Site without our prior express written authorization;
- Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Site; or
- Create a database by systematically downloading and storing all or any of the Content from the Site.
You may request, and we may provide, from time to time, certain information which is our confidential information, and which we intend to protect as confidential ("Confidential Information"). Confidential Information includes, but is not limited to, specific proposals, pricing information, technical specifications and modifications to any of the foregoing, which we may provide to you orally or in writing. In addition to the restrictions on the use of any information set forth above, you agree to hold all Confidential Information in strict confidence, not to disclose it to any third party, and to use at least reasonable care to protect its confidentiality and prevent its unauthorized use or disclosure.
TigerDirect.ca is a registered trademark of Acrodex, Inc. Our trade names, trademarks and service marks include without limitation: Tiger, TigerDirect, TigerDirect.ca, Acrodex, Acrodex.com, PCM Canada, and PCMCanada.com and any associated logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 1996-2017 Acrodex, Inc. The trade names, trademarks, and service marks owned by us, whether registered or unregistered, are acknowledged and may not be used in connection with any product, service or solution that is not offered by us, or in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our prior express written permission.
Limitation of Liability and Disclaimer of Warranties Related to Your Use of the Site.
TO THE FULLEST EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, THE SITE AND SITE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND THE SITE SERVICES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND THE SITE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, AND TO THE FULLEST EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SITE SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS, SERVICES OR SOLUTIONS ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. TO THE FULLEST EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SITE SERVICE IS TO STOP USING THE SITE.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE OR ANY SITE SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THE QUALITY OF ANY SITE SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (F) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.
Links. The Site may provide links to other Internet websites and resources. Because we may have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. We may have no control over the sites that provide links to the Site, and you acknowledge and agree that we do not endorse such sites and are not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which we provide links, or that provide links to the Site; or (b) any content, goods, or services available on or through any such sites or resources. We shall have the right, but not the obligation, at any time and in our sole discretion to block links to the Site through technological or other means, without prior notice. If you have any concerns regarding any outside site linked to or from the site, please direct them to its owner or operator of the site.
Dealings with Third-Party Providers of Goods and Services. Your correspondence or business dealings with, or participation in promotions sponsored by, any third-party advertisers or other third-party providers of goods, services or solutions found on or through the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. To the fullest extent permissible under applicable law, you agree that we shall not be responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties' materials on the Site.
Filtering. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Purchase Price and Payment. Prices, specifications and availability of goods and services are subject to change without notice. All prices are in Canadian dollars. Customer will pay the price established by us for all goods ordered by Customer or using Customer's account. Full payment shall be made before delivery of the goods, unless otherwise agreed in writing by us. Please note, credit card processing can take up to three (3) business days, depending on the accuracy of the information you have given us. Further, for security reasons, voice confirmation may be required before we can process your credit card for payment. Any amount that we agree may be paid after delivery is due to us within thirty (30) days after delivery, or such lesser period as may be determined by us as set forth in an applicable invoice. In addition to the purchase price and any shipping costs, Customer will pay all applicable taxes, including but not limited to sales, use, value added, gross receipts, privilege, excise and personal property taxes as well as other similar taxes and/or charges, levied on or measured by the purchase price or sale of goods or arising from, furnished, or in connection with the use of the goods and any parts or maintenance supplied or the services rendered. Prices do not, unless otherwise specified, include supplies. To the fullest extent not prohibited under applicable law, you agree to pay interest on all past-due sums at the lesser of 1.5% per month or the highest rate allowed by applicable law.
Shipping Options and Policies AT TIGERDIRECT.CA, WE STRIVE TO SHIP YOUR ORDER AS QUICKLY AS POSSIBLE. HOWEVER, BECAUSE OF INVENTORY, SHIPPING, AND MATTERS OUTSIDE OF OUR CONTROL, OUR STATEMENTS AS TO USUAL SHIPPING TIMES ARE NOT GUARANTEES OR PROMISES THAT A PRODUCT WILL SHIP ON A SPECIFIC DAY. IF YOU WISH TO FIND OUT THE EXPECTED DATE OF SHIPMENT ON A PARTICULAR ITEM OR ORDER, PLEASE CALL US AT (888) 278-4437 FOR MORE INFORMATION. AT A MINIMUM, WE EXPECT THAT ALL INSTOCK ORDERS WILL BE SHIPPED IN 30 DAYS. We ship both from our central warehouse and directly from many of our distributors and manufacturers to insure the best availability. If your order is unavailable in our central warehouse, we may ship from one of our distributor or manufacturer partners to provide you with the best availability possible. When the product is shipped from these different locations cut off times may vary, and your chosen shipping method may not be available. We use a highly efficient inventory, shipping and delivery system-our efficiencies result in huge savings that we pass along to you! We offer a wide variety of shipping options and special deliveries. Our carriers include FedEx, United Parcel Service (UPS), the Canadian Postal Service, or similar services.
Please review our shipping options and policies, and plan your purchases accordingly. Due to special package requirements we may not be able to ship products to certain areas or be constrained on our shipping options. For more details or special shipping requirements, please call your Account Executive at (888) 278-4437.
Rerouting. After shipment, packages cannot be rerouted or placed on hold for pick through carrier hub.
Purchase Money Security Interest. To the fullest extent permissible under applicable law, you hereby grant to us a purchase money security interest in all goods purchased hereunder, and in any proceeds thereof, to secure the unpaid purchase price of such goods, if any. Upon request by us you agree to sign any document required to perfect such security interest. Payment in full of an invoice for the total of the purchase price as shown on the invoice shall release the security interest on the invoiced goods.
Software Licenses. All software is provided subject to any manufacturer's license agreement(s) and/or end user agreement(s) that are provided with it. To the fullest extent permissible under applicable law, Customer will be bound by all such licenses and/or end user agreements.
Delays in Performance. Any delivery times provided by us are estimates only. We shall not be liable for delivery delays, nor shall we be liable for any delay in performance due to unforeseen circumstances or to causes beyond our reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or inability of suppliers to deliver.
Deposits. Without limiting any rights or remedies available to us, and to the greatest extent permissible under applicable law, in the event that we accept a deposit from you for goods ordered: (a) if you fail to meet any schedule of payments listed on the invoice, or to complete the purchase for any reason other than for cancellation of goods not delivered, in addition to any other rights at law or in equity, we will have the right to, within one hundred and twenty (120) days of the deposit date, retain all cash, checks and credit card deposits as partial damages; and (b) if Customer chooses to pick up ordered goods rather than ship them, and if Customer fails to pick up ordered goods within two (2) weeks of the posting of the arrival notice from us, you agree to forfeit all cash, check or credit card deposits for the goods.
Training. If indicated on the invoice or otherwise agreed to in writing by us, upon delivery and/or installation, we or our designee will provide training in the operation of the goods to a member of Customer's staff. All training will be performed at a mutually agreeable time at the hourly training rate currently in effect at the time the training is performed. Training is not offered as vocational training or as qualifying for any particular employment.
Maintenance. We agree to provide maintenance and/or service ("Maintenance") to Customer as described on an applicable invoice accompanying goods shipped to Customer or in a separate agreement for Maintenance. All Maintenance will be at our service department or at another location chosen by us unless otherwise agreed between us and you under a separate agreement for Maintenance. All Maintenance, except that performed under manufacturer's warranty, will be performed at our standard rates in effect at the time the Maintenance is performed. TO THE FULLEST EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, WE HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, WARRANTY OR SUPPORT SERVICES TO ANY CUSTOMER UNLESS AND UNTIL WE HAVE RECEIVED FULL PAYMENT FOR ANY GOODS PURCHASED.
Before commencing with arbitration, you must first send a written description of your claim to our Customer Service department for all disputes. You can contact our Customer Service department by email email@example.com. We each agree to negotiate in good faith to settle your claim or dispute. If we do not reach agreement within 30 days, you may pursue your claim in arbitration if not prohibited under applicable law, or in small claims court as described above.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, YOU AND WE ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. This class action waiver applies if you bring your claim in arbitration and if you bring your claim in small claims court.
Right of Offset. At any time that an amount is due to us, we shall have the right, without prior notice, to set off and apply any amounts otherwise owed by us to purchaser, to any amounts owed to us by purchaser, in all cases, to the fullest extent not prohibited under applicable law.
Jurisdictional Issues. To the fullest extent not prohibited under applicable law, we do not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. To the fullest extent permissible under applicable law, we may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Site Services or goods, services or solutions you obtain from us to any country outside of Canada. You agree not to use all or any part of the Site from any country to which Canada has embargoed goods, including, but not limited to, Burma, Central African Republic, Cuba, Eritrea, Iran, Iraq, Lebanon, Libya, South Sudan, Sudan, North Korea, Russia, Somalia, Syria, Tunisia, Ukraine, Yemen, Zimbabwe, or to entities and persons that are ineligible under Canadian law to receive Canadian commodities, technology and/or software; and you represent, warrant, and covenant to us that (a) you are not located in or under the control of any such country, and (b) you are not a person or entity that appears on the Listed Persons under the United Nations Act, Listed Persons under the Special Economic Measures Act, Office of the Superintendent of Financial Institution's Designated Persons Listings, the United Nation's Security Counsel Sanctions List or on any other similar list. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside of Canada.
Use of Google Translate
The Google Translate service is free to TigerDirect.ca users and is intended only as a tool to assist in the translation of our website content. Any other uses, including, without limitation, the incorporation of, advertising into, or the placement of advertising associated with, or targeted towards, the Google Translated content, are strictly prohibited. You must use the Google Translate content as provided and you may not edit or modify the text, technology, content or links supplied.
Right to Discontinue Service
TigerDirect.ca reserves the right to cease providing Google Translate functionality and/or content at any time without notice. TigerDirect.ca assumes no liability for, and expressly disclaims responsibility for, your use of the Google Translate functionality or content or for your reliance on the accuracy of its translations.
Additional Terms Associated with Orders on Account
- All invoices are to be paid within 30 days from the date of invoice, or such lesser period as may be determined by us as set forth in an applicable invoice. At any time that an amount is due us, we shall have the right, without prior notice, to the fullest extent permissible under applicable law, to set off and apply any amounts otherwise owed by us to you, to any amounts owed to us by you, in all cases.
- We may, to the fullest extent permissible under applicable law, require financial statements for the last two years (Balance Sheet, Income Statement, and Statement of Cash Flows) to be submitted in consideration of any request for net terms, and will be required for any credit line request of $100,000 or more. Current financial statements are required to maintain existing credit line and to consider increase requests. This information will be for the exclusive use of us and/or our affiliates and will remain confidential.
- Default: The following are events of default related to orders on account:
In the event of default, we reserve the right to demand that the entire unpaid balance be paid immediately. If you are in default and we refer your Account to an attorney and/or collection agency for collection, you will be responsible to pay the costs associated with such collection and late fees if you are in default. In the event litigation is required, Customer consents to the in personam jurisdiction and venue in the State or Federal courts in Los Angeles County, California, to the fullest extent permissible under applicable law. All liabilities of the Business shall mature immediately upon the insolvency of the Business, its inability to meet its obligations as they become due, the appointment of the receiver, custodian or trustee for the business, the filing of voluntary or involuntary petition for relief in bankruptcy, reorganization, or arrangement, the making of an assignment for the benefit of creditor or calling of a meeting of creditors by the Business.
- You do not make a payment when due.
- You make any false or misleading statements on your credit application or you fail to supply us with updated financial information regarding the business within 30 days of request.
- You file bankruptcy or a bankruptcy petition is filed against you.
- There is an event that occurs, which in our reasonable discretion causes the prospect of payment by you to be significantly impaired.
- We have the right to cancel or rescind your account, as it relates to future purchases, at any time, without default, to the fullest extent permissible under by applicable law. You will remain obligated to pay for all purchases made prior to cancellation and any charges associated with these purchases.
- All business accounts that participate in a Business Direct Site (BD) shall be subject to the following terms and conditions: The BD account holder shall be responsible for all purchases placed through their BD Site subject to their payment terms with us to the email address designated by the user authorized to submit orders to us via their BD Site. A BD account holder will have password-protected access to the Site and account established by us for their use. The account holder shall be fully responsible for maintaining the security and confidentiality of the password granting access to the Site. The account holder shall be held fully liable by us for all purchases placed through the Site irrespective of whether an order is placed by a person allegedly not authorized by the account holder to have password access. We shall have no liability or responsibility for an account holder's disclosure, inadvertent or otherwise, of its account password to any other individual or entity.