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			User Agreement
Introduction
Welcome to Tech For Less Auctions. These Terms of Use are an ongoing contract between you and Tech For Less LLC ("Tech For Less" or "we") and apply to your use of Tech For Less' online liquidations website located at http://auctions.TechFor Less.com (the "Site"), hosted and configured by B-Stock Solutions, Inc. ("BStock"), through which you may purchase inventory products from Tech For Less.  Please review the following basic rules that govern your use of the Site. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not accept these Terms of Use, do not use the Site. Tech For Less reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you have been issued a password directly from Tech For Less to access the Site and are 18 years of age or older. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information will constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the inventory products purchased by you on the Site.
All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Tech For Less, BStock or their respective suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a resource for choosing inventory products for purchase and purchasing such products. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Tech for Less reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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, Tech for Less will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
 You agree to use the Site and any service at your sole risk and that Tech For Less and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Tech For Less will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Tech For Less on this Site and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Explorer).
Export Policy
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations, including, without limitation, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Copyrights and Trademarks
Tech For Less and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Tech For Less' or any third party's intellectual property rights.
The Tech For Less name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Tech For Less. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Tech For Less' endorsement, sponsorship or recommendation of the third party, information, product or service. Tech For Less is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
Indemnification
You agree to defend, indemnify and hold harmless Tech For Less and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.
Termination
These Terms of Use are effective unless and until terminated by either you or Tech For Less. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Tech For Less also may terminate these Terms of Use at any time and may do so immediately without notice, and/or may deny you access to the Site, in Tech For Less' sole discretion. Upon any termination of these Terms of Use by either you or Tech For Less, you must promptly destroy all materials downloaded or otherwise copied from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Tech For Less' right to any Comments shall survive any termination of these Terms of Use. The sections labeled "Indemnification," "Limitation of Liability" and "General" shall survive any termination of these Terms of Use.
Disclaimer
THIS SITE IS PROVIDED BY TECH FOR LESS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TECH FOR LESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR INVENTORY PRODUCTS OFFERED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TECH FOR LESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TECH FOR LESS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY INVENTORY PRODUCTS OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TECH FOR LESS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TECH FOR LESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TECH FOR LESS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
These Terms of Use, the Privacy Policy and the Terms of Purchase represent the complete agreement between the parties and supersedes all prior agreements and representations between the parties regarding use of the Site. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Tech For Less to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Tech For Less' rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under Colorado law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of Colorado and you consent to the exclusive personal jurisdiction of such courts.
Changes to the Tech For Less Terms of Use
These Terms of Use were last updated on April 12, 2011. Please check our Terms of Use periodically for changes


Terms of Purchase

1.	Acceptance of Terms of Purchase 
1.1.	Acceptance of Terms.  These Terms of Purchase are an ongoing contract between you and Tech For Less LLC (“Tech For Less” or “we”) and apply to your use of Tech For Less’ online marketplace located at http://auctions.TechFor Less.com (the “Site”), hosted and configured by B-Stock Solutions, Inc. (“BStock”), through which you may purchase Inventory Products from Tech For Less in consideration of the mutual promises and such other good and valuable consideration.  These Terms of Purchase govern your purchase of Inventory Products from the Site.  By checking the “I agree to the Terms of Purchase” box each time you log into the Site, you accept and agree to be bound by these Terms of Purchase.  If you do not agree to these Terms of Purchase, you should not bid on or purchase Inventory Products from the Site.
1.2.	Modifications to Terms.  We reserve the right, from time to time, with or without notice to you, to change these Terms of Purchase in our sole and absolute discretion.  The most current version of these Terms of Purchase can be reviewed by clicking on "Terms of Purchase" located at the bottom of the pages of the Site.  The most current version of the Terms of Purchase will supersede all previous versions.  Your use of the Site or continued purchases after changes are made mean that you agree to be bound by such changes.  No purchase order or other documentation issued by you to us will alter these Terms of Purchase unless signed by an authorized Tech For Less representative.
2.	Additional Definitions
2.1.	“Buyer” or “you” or “your” shall mean the individual who purchases Inventory Products from Tech For Less through the Site under the terms described herein and the entity that such individual represents in making the purchase, if applicable.
2.2.	A “Completed Purchase” occurs when (i) you have provided to Tech For Less all of the purchase information requested in the Email Notification in the manner specified in such Email Notification to complete your purchase and (ii) the Purchase Price for the Inventory Products has been received in the Tech For Less account specified in the Email Notification.
2.3.	“Extended Auction” shall mean an auction where if a bid is entered within the final 10 minutes of the original closing time, the auction will be extended by 10 minutes. If a bid is then placed before the extended 10 minutes elapses, the auction will be extended again for 10 minutes and the listing will continue to be extended until there are no new bids placed within the final 10 minutes of the auction. 
2.4.	“Inventory Products” shall mean Tech For Less’ inventory products that are available for purchase on the Site under the terms described herein. 
2.5.	“Listing” shall mean the content on the Site associated with particular Inventory Products, including, but not limited to, the description and quantity of the Inventory Products.   Tech For Less shall have the right to modify or correct any Listing at any time and such modification shall be binding on any purchase of any Inventory Products purchased after such modification had been made. 
2.6.	“Promotional Content” shall mean any and all information, service or content provided by Tech For Less or its agents in any medium in connection with these Terms of Purchase, including promotional content and Listings to be displayed on the Site. 
3.	Auction Process
3.1.	Inventory Products.  Inventory Products consist of customer returns and liquidation items and have been previously shipped. The condition of the Inventory Products will vary and standard designations regarding a product’s condition will be set forth in the Listing. The Inventory Products are provided to you “as is” for purchase on the Site.  Accessories such as remote controls, cables and instructions may or may not be included. 
3.2.	Auction Process. Inventory Products will be sold pursuant to the auction process set forth in this Section 3 (the “Auction”).  If you wish to bid on Inventory Products, you will be required to enter your bid amount.  Your bid must be (i) in an amount higher than the bid listed as the minimum opening bid and the “current winning bid,” as applicable, (ii) in the bid increments set forth on the bid page and (iii) placed before the scheduled [closing time] for such Auction (including any additional time added for an Extended Auction), for you bid to be eligible for the Auction.  If your bid is deemed the winning bid you will be notified by email (the “Email Notification”) at the email address you provided when you registered for your account, as updated by you from time to time by following instructions on the Site.  It is your responsibility to keep your email address current and to timely check your email to determine if you are the winning bidder for any Auction in which you participated.  Tech For Less is not responsible for the failure of an Email Notification to reach a winning bidder for any reason, including, but not limited to, technical problems or other system error. 
3.3.	Winning Bids.  If your bid is deemed the winning bid at the end of the Auction for certain Inventory Products, you agree to promptly purchase such Inventory Products pursuant to the terms and instructions set forth in this Terms of Purchase and in the Email Notification.  If you fail to register a Completed Purchase within two (2) business days of when the Email Notification is sent by Tech For Less, you shall forfeit any right to purchase such Inventory Products and Tech For Less may deactivate your account and password so you can no longer access the Site and, at its sole discretion, may choose to (i) contact the next highest bidder in the Auction for such Inventory Products and offer to sell such Inventory Products to such bidder at such bidder’s bid price or (ii) post such Inventory Products on the Site for sale in a new Auction. 
4.	 Conditions to Sale; Payment
4.1.	Purchase Price. In consideration for your payment of the purchase price set by the winning bid for certain Inventory Products in an Auction (the “Purchase Price”) and all applicable taxes, Tech For Less hereby agrees to sell to you such Inventory Products for which you have posted the winning bid pursuant to your compliance with the terms set forth in this Terms of Purchase and the Email Notification.  You agree to pay the Purchase Price and all applicable taxes for the Inventory Products by following the payment options as provided to you in the Email Notification.  Nothing in these Terms of Purchase shall otherwise obligate Tech For Less to sell Inventory Products to you.  You shall be responsible for all taxes, shipping and handling costs and any other expenses incurred in connection with your purchase hereunder. 
4.2.	Canceled Bids and Purchases.  Please note that there may be certain bids and purchases that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any bid or purchase for any reason.  Some situations that may result in your bid or purchase being canceled include, but are not limited to, inaccuracies or errors in product or bid information, or problems identified by our credit and fraud avoidance department. While Tech For Less strives to provide accurate product and bid information, typographical or system errors may occur.  In the event that bids for Inventory Products are incorrectly listed or Inventory Products are listed with incorrect information due to an error in quantity or other product information, we shall have the right, at our sole discretion, to refuse or cancel any purchases placed for such Inventory Products. In the event that we must cancel a bid or purchase, we will cancel your bid or purchase and notify you by email of such cancellation.
4.3.	Payment Terms. You shall submit the Purchase Price to Tech For Less under the payment terms set forth in the Email Notification and on the Site.  Tech For Less may revise the payment terms from time to time in its sole and absolute discretion upon notice to you; provided, however, that any change to payment terms will not be effective for any then-pending sale but will only be effective for the next sale subsequent to such notice. Upon acceptance of such Purchase Price and the fulfillment of any other conditions to such sale described herein, Tech For Less will sell, assign, transfer and convey to you all of Tech For Less’ right, title and interests in and to the Inventory Products and shall make such Inventory Products available for removal by you or your agents in the manner set forth in Section 5 below.
4.4.	Other Conditions. Tech For Less shall not be obligated to complete any sale or deliver any Inventory Products to you unless and until you have submitted to Tech For Less an accurate and complete re-sale certificate in a form acceptable to Tech For Less.
5.	Removal and Acceptance of Inventory products
5.1.	Removal and Shipment of Inventory Products.  The Inventory Products purchased by you shall be made available to you for receipt at the Tech For Less facility identified in the Email Notification (the “Inventory Location”) at a time mutually agreed to by you and Tech For Less (the “Pickup Time”).  You or your agent must schedule the Pickup Time by contacting Tech For Less pursuant to the instructions set forth in the Notification Email.  You shall be solely responsible for removal of the Inventory Products from Tech For Less’ premises and for all shipping arrangements (including, without limitation, permits, costs and licenses), expenses (including, but not limited to, insurance) and labor.  Your employees, equipment, and property, and that of your agents, enter and remain on Tech For Less' premises entirely at your risk as regards any and all hazards excepting only those found to be caused by Tech For Less’ sole negligence.  While on Tech For Less' premises, your employees and agents must observe all of Tech For Less' rules and regulations.  You shall remove all Inventory Products from the Inventory Location within five (5) business days of the Completed Purchase of such Inventory Products.  If you fail to remove such Inventory Products within five (5) business days of the Completed Purchase of such Inventory Products, Tech For Less will start charging a daily storage fee, the greater of a calculation based on the warehouse space that the items occupy or $10 per pallet.  The total storage charges shall not exceed the amount of your payment for the won auction.  After the storage fee limit has been reached, Tech For Less, at its sole discretion, may choose to (i) contact the next highest bidder in the Auction for such Inventory Products and offer to sell such Inventory Products to such bidder at such bidder’s bid price or (ii) post such Inventory Products on the Site for sale in a new Auction. 
5.2.	Title; Risk of Loss.  Title to the Inventory Products shall remain with Tech For Less until you take possession of the Inventory Products at the Inventory Location.  You expressly acknowledge that risk of loss and liability for the Inventory Products shall pass to you upon your or your agent's receipt of the Inventory Products at the Inventory Location.  You or your agent shall have the right to count the number of pallets containing the Inventory Products to confirm the quantity of pallets matches the shipping manifest prior to accepting possession.  You expressly acknowledge and agree that you shall have no right to refuse or return the Inventory Products after accepting possession of the Inventory Products at the Inventory Location.
5.3.	Acceptance. Your acceptance of possession of the Inventory Products from Tech For Less pursuant to Section 5.2 shall constitute an unqualified acceptance of the Inventory Products and a waiver by you of all claims with respect thereto except as set forth in Section 5.4.  All sales are final. 
5.4.	Further Assurances.  Each party agrees that it will execute and deliver, or cause to be executed and delivered, all such other instruments, and it will take all reasonable actions, as may be necessary to transfer and convey the Inventory Products to Buyer and to consummate the transactions contemplated herein.
6.	Privacy and Confidentiality
6.1.	Confidential Information.  Each party acknowledges that by reason of its relationship to the other party hereunder it will have access to certain information and materials concerning the other party’s business that are confidential and of substantial value to the other party, which value would be impaired if such information were disclosed to third parties.  In particular, the parties hereto acknowledge that the information regarding the Purchase Price and any particular sale are confidential to Tech For Less.  Each party shall take every reasonable precaution to protect the confidentiality of such information.  Notwithstanding the foregoing, you understand that BStock will have access to confidential information pertaining to you.  You may not make any public announcement about these Terms of Purchase without Tech For Less’ prior written approval and consent. Notwithstanding anything in this Section 6.1 to the contrary, any information (i) already in the public domain, (ii) independently developed by the recipient without the use of or access to the other party's confidential information, or (iii) released through no action or inaction by the receiving party, will not be considered confidential information hereunder.  The receiving party may disclose the disclosing party's confidential information upon the order of any court of competent jurisdiction or as otherwise required by law or legal process, provided that prior to such disclosure the receiving party shall inform the disclosing party of such order, if permitted by law, in order to provide the disclosing party with an opportunity to contest such order or to seek such other protective action as the disclosing party may elect.  This Section 6 shall survive each purchase transaction hereunder. 
7.	Representations and Warranties; Indemnity
7.1.	To Tech For Less’ knowledge (i) the Inventory Products are not stolen, illegally copied or ‘pirated’, [are in their original, commercially released form, and have not been altered in any way], (ii) the Inventory Products have been fully paid for by Tech For Less and (iii) no third party has any rights to, or claims in connection with, the Inventory Products.  
7.2.	You shall indemnify and hold Tech For Less and BStock and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, action, losses and/or costs, including reasonable attorneys' fees, due to or arising out of (i) your use of the Site or (ii) any sale, use or handling of the Inventory Products.
7.3.	The indemnity obligation under this Section 7 shall survive each purchase transaction hereunder.
8.	Warranty Disclaimer; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE INVENTORY PRODUCTS ARE PROVIDED BY TECH FOR LESS TO YOU “AS IS” AND “WHERE IS” AND TECH FOR LESS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE INVENTORY PRODUCTS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION THE INVENTORY PRODUCTS’ CONDITION OR QUALITY OR THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.  EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL TECH FOR LESS’ LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES RESULTING FROM THESE TERMS OF PURCHASE, EXCEED THE PURCHASE PRICE PAID BY YOU TO TECH FOR LESS FOR THE INVENTORY PRODUCTS AT ISSUE.  TECH FOR LESS SHALL NOT BE HELD LIABLE FOR ANY ERROR IN A LISTING THAT TECH FOR LESS CORRECTS PRIOR TO THE PURCHASE OF THE INVENTORY PRODUCTS TO WHICH THAT LISTING APPLIES. THIS LIMITATION OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION.
9.	Use of the Site
You agree and acknowledges that BStock makes no guaranty of the accuracy, correctness or completeness of any Promotional Content and is not responsible for: any errors or omissions arising from the use of any thereof; any failures, delays or interruptions in the delivery of any Promotional Content contained with the Site; losses or damages arising from the use of the Promotional Content provided by the Site; any conduct by you in connection with the Site; or any Promotional Content or products provided through or in conjunction with the Site.  You must comply with the operating rules and policies applicable to the Site as may be published or provided by BStock or Tech For Less in writing (including by posting on the Site) from time to time.
10.	Breach of this Terms of Purchase
If you fail to comply with any term or condition in this Terms of Purchase, Tech For Less may immediately, terminate your account, deactivate your password and seek any other remedy available to Tech For Less or its affiliates.
11.	General Provisions
11.1.	These Terms of Purchase will be governed by the laws of the state of Colorado, without reference to its choice of law rules.  No waiver of any provision of these Terms of Purchase shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing.  The division of these Terms of Purchase into separate sections, subsections and/or exhibits and the insertion of titles or headings is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Purchase. 
11.2.	Force Majeure.  Tech For Less shall not be liable to the other party for failure or delay in performance hereunder due in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, or supplies, and any other causes which are not within Tech For Less' reasonable control, whether or not of the kind specifically enumerated above.
11.3.	The Terms of Purchase was last updated on April 12, 2011. Please check our Terms of Purchase periodically for changes.
BY CHECKING THE "I AGREE TO THE TERMS & CONDITIONS OF THIS SITE" CHECKBOX AT THE BOTTOM OF THIS SCREEN, YOU ACCEPT AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THE AGREEMENT.  PLEASE PRINT A COPY FOR YOUR RECORDS.
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