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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
By accepting any products delivered from GoGoFan.com, you ("Customer") agreed to the terms and conditions listed below. Any attempt to modifiy, alter or amend these terms and conditions by Customer will be considered a alteration and therefore, null and void this agreement. These Terms and Conditions are subject to change at any time, without prior written notice. Customer is advised to review the Terms and Conditions carefully every time you place an order and accepting delivery of any products from GoGoFan.com.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Gogofan.com. The collective work includes works that are licensed to Gogofan.com. Copyright 2003, Gogofan.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Gogofan.com or purchasing Gogofan.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Gogofan.com or to purchase Gogofan.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Gogofan.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Gogofan.com used in the site are trademarks or registered trademarks of Gogofan.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Gogofan.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gogofan.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Gogofan.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Product Warranties
Products sold by GoGoFan.com are not manufactured by GoGoFan.com. The products may, however, be covered by each manufacturer warranty, service, and support policy (if any). GoGoFan.com MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. GoGoFan.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Limitation of Liability
Gogofan.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Gogofan.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Gogofan.com product is mistakenly listed at an incorrect price, Gogofan.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Gogofan.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Gogofan.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Gogofan.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Gogofan.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Gogofan.com.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between GoGoFan.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. GoGoFan.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, Los Angeles 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. Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Gogofan.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Gogofan.com products) must be commenced within one (1) year after the claim or cause of action arises. The Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against GoGoFan.com that is more than one year after the date of the applicable invoice. Gogofan.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Gogofan.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Gogofan.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Gogofan.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Gogofan.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Gogofan.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Gogofan.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Gogofan.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Gogofan.com may link to sites operated by third parties. However, even if the third party is affiliated with Gogofan.com, Gogofan.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Gogofan.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Gogofan.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Payment Terms
An order is not binding upon GoGoFan.com until it is accepted; GoGoFan.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 Paypal, or some other method prearranged with GoGoFan.com. You agree to pay the amount(s) due as specified on the invoice.
Shipping
Your total cost for purchase of any product will include shipping and handling charges shown on the GoGoFan.com invoice. We will ship all orders within 3-5 business days, unless product is on back order, limited availability or special order status. Please allow 5-7 business days for all standard UPS Ground shipments, as exact delivery date cannot be guaranteed. Please anticipate longer delivery time around holiday seasons. Under circumstance that the shipment is refused or returned, customer is responsible for shipping fee for the first and any subsequent redelivery.
Returns
GogoFan.com offers a 14 days return policy to most of our products. The time period begins on the day the shipment received by the Customer to the day RMA number requested. RMA# is required for all returns, and Customer can request the RMA# by sending an email to rma@gogofan.com. All non-defective item returns are subject to a 15% restocking fee. Shipping and handling fees are not refundable in any situation. The RMA will be issued by email. Please check email to receive the RMA# or call us at 1-888-4646-598 to resend. RMA numbers are valid for a period of 14 days and voided after 14 days of issued. Any RMA returned to us with a RMA number past the 14-day period of validity will be refused and send back to the sender. We do not accept any returns without a valid RMA. All unauthorized returned products will be refused and return to the sender. Some products are not returnable if labeled "No Return", and all software are absolutely non-refundable.
Please also see How do I return an item? for product return procedure.
Risk of Loss
GoGoFan.com will arrange for shipment of ordered product(s) to the Customer, and risk of loss passes to the Customer upon delivery to the carrier. 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. GoGoFan.com will advise Customer of estimated shipping dates, but GoGoFan.com will not 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.
Severability
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.
Waiver
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.
Entire Agreement
These terms and conditions, together with GoGoFan.com`s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between GoGoFan.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between GoGoFan.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.
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