TERMS OF SALE

These Terms of Sale apply to all purchases by an individual or entity (“you”) of any products, software, services, and/or support (“Product”) from www.coolermaster.com (the “Site”) unless modified by Cooler Master.  By submitting an order to Cooler Master and/or by purchasing any Product from Cooler Master, you acknowledge that you agree to these Terms of Sale in their entirety.

These Terms of Sale constitute a legally binding agreement between you and Cooler Master and your purchase of Product constitutes acknowledgement that you understand, accept, and agree to abide by the terms of this Agreement.  By submitting your order or purchasing any Product, you affirm that you are of legal age to enter into these Terms of Sale, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Sale and your parent or guardian consents to these Terms of Sal on your behalf. If you violate or do not agree to these Terms of Sale, then your purchase and/or use of Product is unauthorized.

I. INCORPORATED DOCUMENTS

These Terms consist of this document and Cooler Master’s Terms of Use, Privacy Policy, and Limited Licenses.

II. ORDERS, ACCEPTANCE, AND CANCELLATION 

Your order is an offer to buy Product from Cooler Master.  Cooler Master may send an order confirmation email to acknowledge receipt of your order, but Cooler Master does not accept your order until we send you a notice that ordered Product has been shipped. Cooler Master may process payment for and ship parts of an order separately at our sole discretion. Cooler Master reserves the right at any time, even after having sent you a confirmation email, to cancel your order or to limit order quantities for any reason, including, but not limited to, errors or suspected fraud.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to  use the card as a payment method for purchases made through your Cooler Master account, including on affiliated sites and properties which you access via your Cooler Master account credentials. 

All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. 

We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Cooler Master may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Exceptions to this policy, i.e. occasions when you will be charged at the time your order is placed, are orders paid for with a Gift Card, eGift Card, or PayPal account.

Cooler Master reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Cooler Master also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Cooler Master for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, Cooler Master may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of, Cooler Master’s returns policy.

III. PRICING AND AVAILABILITY 

Cooler Master cannot confirm the price or availability of an item until after an order is placed. Pricing or availability errors may occur on the Site or through third party retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Cooler Master reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Cooler Master. Cooler Master may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products on the Site may be different from prices available from third party retailers. 

Prices provided on the Site are subject to change without advance notice. Cooler Master strives to communicate accurate pricing and product information, but errors may occur.  In the unlikely event that an error impacts your order, or Product that has been ordered is no longer available, we will either contact you for further instructions or cancel your order at our sole discretion.

IV. TAXES AND FEES

Unless you provide Cooler Master with a valid and correct tax exemption certificate at the time that you place an order, you are solely responsible for any sales and/or other taxes or duties associated with that order.

V. SHIPPING 

Title to ordered Product passes to you when we ship that Product. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. Cooler Master is not responsible for any visible shipping damages not noted on the delivery receipt.

VI. DISCLAIMER OF WARRANTIES

ALL PRODUCTS SOLD BY COOLER MASTER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COOLER MASTER AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF PRODUCTS, INCLUDING ANY FUNCTIONALITY ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COOLER MASTER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR PURCHASE AND/OR USE OF PRODUCT(S) IS AT YOUR SOLE RISK. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY SPECIFIC PRODUCT WARRANTY PROVIDED BY COOLER MASTER FOR A PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF SALE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF ANY PRODUCT AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF ANY PRODUCT MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COOLER MASTER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY PRODUCT. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. COOLER MASTER DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. COOLER MASTER MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, MAINTENANCE AND/OR SUPPORT, ALL WHICH ARE PROVIDED “AS IS,” AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS.  SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. 

VII. RECEIVING WARRANTY OR SERVICE SUPPORT 

IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA, SOFTWARE, AND PROGRAMS BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING TELEPHONE SUPPORT).  COOLER MASTER WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA, SOFTWARE, OR PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY COOLER MASTER.  Parts used in repairing or servicing Product(s) may be new, equivalent-to-new, or reconditioned.

VIII. TELEPHONE COMMUNICATIONS 

Telephone communications with us and/or our representatives or agents may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via prerecorded or auto-dialed calls. This consent is for non-telemarketing calls only.

IX. LIMITATION OF LIABILITY

I YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COOLER MASTER AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF COOLER MASTER OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. 

SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COOLER MASTER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF COOLER MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT COOLER MASTER’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE PRODUCT AT ISSUE. 

Nothing contained in this agreement limits Cooler Master’s liability to you in the event of death or personal injury resulting from Cooler Master’s negligence or for the tort of deceit (fraud). Cooler Master is acting on behalf of Cooler Master Affiliates for the purpose of disclaiming, excluding and limiting obligations, warranties, and liability, but in no other respects and for no other purpose.

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. COOLER MASTER DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW

X. PRODUCTS MAY NOT BE RESOLD, EXPORTED, OR TRANSFERRED

Any Product that you purchase from Cooler Master is solely and exclusively for your own personal, non-commercial use, and may not be resold, exported, and/or transferred without prior express written authorization from Cooler Master. 

If you are located in the United States or subject to the laws thereof, you acknowledge that any Product that you purchase from Cooler Master is 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, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Product will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Product could not be transferred directly from the United States or by a U.S. person without a license, including, without limitation, to: (a) a person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List; (b) to any person, entity, or organization that is a national or resident of, or located in or under the control of, Cuba, Iraq, Libya, North Korea, Iran, Syria, Russia, or any other country to which the United States has embargoed goods, and/or (c) any end user whom you know or have reason to know will utilize a Product in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems.  By purchasing Product from Cooler Master, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list and that you do not intend to transfer any Product to an individual or entity that is located in, under the control of, or a national or resident of, any such country or on any such list.  

In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use any Product. If Cooler Master has knowledge that a violation has occurred, Cooler Master may be prohibited from providing maintenance and support for any Product(s) that you purchase from Cooler Master.

XI. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is obtained when User is in the United States, Canada, or Mexico; (b) Japan, if a license to the Software is obtained when User is in Japan; (c) Singapore, if a license to the Software is obtained when User is in a member state of the Association of Southeast Asian Nations, Mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, or the Republic of Korea; or (d) England and Wales, if a license to the Software is obtained when User is in any jurisdiction not described above. The respective courts of the Eastern District of New York when New York law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England and Wales applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. 

Notwithstanding any provision in this Agreement, Cooler Master or User may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies.

This Agreement will not be governed by the following, the application of which is hereby expressly excluded: (x) the conflict of law rules of any jurisdiction, (y) the United Nations Convention on Contracts for the International Sale of Goods, and (z) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction.

XII. INDEMNIFICATION

You agree to defend (at Cooler Master’s option), indemnify, and hold Cooler Master and its Affiliates harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your use of a Product or any breach by you of these Terms of Use. Cooler Master reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Cooler Master if and as requested by us in the defense and settlement of such matter.

XIII. PROCEDURE FOR MAKING A CLAIM OF IP INFRINGEMENT

Cooler Master respects the intellectual property rights of others and encourages owners of IP rights to report legitimate claims of infringement as to any Product, including claims of copyright, trademark, patent, publicity, and/or counterfeit.  Cooler Master strives to promptly process and investigate such claims and take appropriate actions under applicable laws.

To make a claim of IP infringement, you must declare, under penalty of perjury, that the information provided is correct and that you are the owner of the IP rights or an authorized agent thereof.  If the information you submit is inaccurate or incomplete, we may be unable to process or respond to your request. If you have questions about IP or whether your rights have been infringed, consider seeking legal advice.

XIV. UPDATES TO THIS AGREEMENT

Cooler Master may update these Terms of Sale from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Sale through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Sale incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check the Site for any updated Terms of Sale as any changes and/or modifications shall become effective immediately upon the posting thereof. Please review these Terms of Sale periodically. In addition, by purchasing or using any Product or otherwise engaging with Cooler Master after Cooler Master posts any changes, you acknowledge and accept the updated Terms of Sale. The “Last Updated” legend on this page indicates when these Terms of Sale were last updated.

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