Terms of Service
Terms of Service
Overview
This website is operated by Netmode (“we,” “us,” or “our”). These Terms of Service (“Terms”) apply to your access to and use of www.netmode.com (the “Site”) and to any purchases or services provided through the Site.
By visiting the Site and/or purchasing something from us, you agree to be bound by these Terms, along with any policies referenced here, including our Shipping Policy, Return & Refund Policy, and Privacy Policy.
If you do not agree to these Terms, you may not access the Site or use any services.
We may update these Terms from time to time by posting changes on this page. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
Eligibility and Online Store Terms
By using the Site, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents to use this Site under your supervision.
You may not use our products or services for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction, including copyright laws. You must not transmit viruses, malware, or any code of a destructive nature. A breach or violation of these Terms may result in immediate termination of your access to the Site and services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by law.
Certain content you submit (excluding payment information) may be transferred unencrypted over various networks and may be adapted to technical requirements of connecting networks or devices. Payment information is encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, Service, or access to the Service without express written permission from Netmode.
Products and Product Information
Certain products may be available exclusively online and may have limited quantities. Product availability and pricing may change without notice.
We make reasonable efforts to display products and descriptions accurately. However, we do not guarantee that your monitor or device display will accurately reflect product colors or appearance.
Some products may be sold as REF refurbished (pre-owned). REF refurbished products are tested and certified prior to shipment as described on the product listing and in our Return & Refund Policy.
Orders, Pricing, and Payment
By placing an order, you agree that prices are subject to change without notice.
We reserve the right to refuse, cancel, or limit any order, including orders that appear to be placed by dealers, resellers, or distributors, or orders that appear fraudulent or high risk. We may limit quantities purchased per person, per household, or per order, including orders placed under the same customer account, the same credit card, and/or the same billing or shipping address.
If we change or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at checkout.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site, and to promptly update your information so we can complete your transactions and contact you as needed.
Shipping and Delivery
Shipping, handling times, delivery estimates, and related terms are described in our Shipping Policy. Delivery estimates are not guaranteed and may vary due to carrier delays, weather, customs processing (for international orders), and other circumstances outside our control.
International Orders
Although we primarily sell within the United States, we may accept orders from Canada, the European Union, and other international destinations. International orders may be subject to additional shipping fees and local taxes, duties, and customs fees. These charges are the responsibility of the customer unless stated otherwise on the order or product listing.
International delivery timeframes are estimates only and may be affected by customs processing and carrier delays.
Returns, Refunds, and Restocking Fees
Returns, refunds, and restocking fees are governed by our Return & Refund Policy. By making a purchase, you agree to follow the return process and requirements described in that policy, including the use of an RMA (Return Merchandise Authorization) when required.
Warranty Terms
Warranty coverage is governed by our Return & Refund Policy and product listing terms. All Netmode products include warranty coverage for defects in materials, workmanship, or equipment failure under normal use. Many products carry lifetime warranty coverage, and some warranty terms vary by product. Products sold in the United States include a minimum 1-year warranty for the original purchaser as the end user of the equipment, while reseller purchases and orders shipped internationally are supported by a 90-day warranty. Warranty service includes troubleshooting, repair, or replacement.
Warranty service does not include refunds. Warranty claims require proof of purchase and the product serial number.
Third-Party Tools and Links
We may provide access to third-party tools or services. Any third-party tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind. Your use of third-party tools is at your own risk and subject to the third party’s terms.
The Site may contain links to third-party websites. We are not responsible for third-party content, policies, or practices, and your interactions with third-party websites are at your own risk.
User Comments, Feedback, and Submissions
If you submit comments, ideas, feedback, or other materials, you agree that we may use them without restriction and without compensation. We have no obligation to keep submissions confidential, pay for submissions, or respond.
You agree that your submissions will not violate third-party rights or contain unlawful, abusive, or obscene material, or include malware or harmful code. You are solely responsible for your submissions.
Personal Information
Your submission of personal information through the Site is governed by our Privacy Policy.
Errors, Inaccuracies, and Omissions
Occasionally, the Site may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information. We reserve the right to correct errors and to cancel orders if any information is inaccurate at any time, including after an order has been submitted.
Prohibited Uses
You are prohibited from using the Site or its content for any unlawful purpose; to violate any laws; to infringe or violate intellectual property rights; to harass, abuse, insult, harm, defame, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or malicious code; to collect or track personal information of others; to spam, phish, crawl, scrape, or interfere with the security features of the Site.
We reserve the right to terminate your access for prohibited uses.
Disclaimer of Warranties
We do not guarantee that your use of the Site or services will be uninterrupted, timely, secure, or error-free. The Site and services are provided “as is” and “as available,” except as expressly stated by us in writing. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Limitation of Liability
To the fullest extent permitted by law, Netmode and its directors, officers, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Site or products, including lost profits, lost revenue, loss of data, or replacement costs.
In jurisdictions that do not allow certain limitations, our liability will be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Netmode and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand arising from your breach of these Terms, your violation of law, or your violation of third-party rights.
Dispute Resolution and Arbitration
You agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or your purchase of products or services from Netmode will be resolved through binding arbitration, rather than in court, except that either party may bring claims in small claims court if eligible.
Arbitration will be conducted on an individual basis. You and Netmode agree that any arbitration will be limited to the dispute between you and Netmode and will not be consolidated with any other arbitration or class action. You waive the right to participate in a class action lawsuit or class-wide arbitration.
The arbitration will be conducted in Oklahoma County, Oklahoma, unless the parties agree otherwise, and will be administered by a recognized arbitration provider under its rules in effect at the time the claim is filed. The arbitrator may award the same damages and relief that a court can award, but only on an individual basis.
If any portion of this arbitration section is found unenforceable, the remainder will remain in effect to the fullest extent permitted by law.
Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.
Termination
These Terms remain in effect unless and until terminated by either you or us. You may terminate these Terms by discontinuing your use of the Site. We may terminate or suspend your access if we believe you have violated these Terms.
Entire Agreement
These Terms and any policies referenced herein constitute the entire agreement between you and Netmode regarding your use of the Site and services and supersede any prior agreements and communications.
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Oklahoma, United States, without regard to conflict of law principles.
Contact Information
Questions about these Terms should be sent to [email protected].