- RMA# MUST APPEAR ON ALL SHIPPING DOCUMENTS, RETURN LABELS, AND/OR PACKING SLIPS. DO NOT WRITE # ON BOXES.
- ALL returns require an RGA number. Please e-mail us to request a number for all returns.
- No returns after 30 days from our Invoice date.
- Re-Stocking charge of 25% on all authorized returns.
- All shortages or damaged goods MUST be reported to us within 48 hours after receipt.
- Items in original packaging must be returned in the original packaging. Packaging must be free of damage or repackaging fee may apply.
- Parts will be inspected upon return to Omakase PCs.
- Incomplete returns will not be eligible for credit.
- Returned items MUST be unused and must be in original, salable condition without cosmetic or other damage of any kind to be returnable.
- You may wish to take a digital photograph of any item being returned so you can prove any damage was the return carrier’s responsibility.
- Omakase PCs will not issue credit on damaged parts.
- It will be the responsibility of the shipper to file a freight claim with the carrier to seek reimbursement.
- Please insure your shipment.
- Email the tracking number for your return to email@example.com.
- Build to order units cannot be canceled or returned once the build has started by the manufacturer.
- Some parts may not be refundable unless they are defective.
- It is the decision of Omakase PCs to repair or replace.
- If your order was shipped with FREE FREIGHT, then the cost of the freight charges will be deducted on top of the restocking charges.
- Omakase PCs is not responsible for returns shipped to incorrect facilities.
- Any costs incurred by re-shipping to the correct address will be deducted from your credit.
- Buyer will be responsible for all shipping costs.
- Custom Order Parts are not returnable
- Orders cannot be cancelled once they have shipped, at that point you will need to ship the items back us after receiving them and a RGA number.
- Custom Order parts and/or Items under $10.00 are not returnable
- Please ship your items to the address indicated on the RMA form.
- omakasepcs.com is not responsible for unclaimed equipment left over 30 days after work is completed. We will make every attempt to contact you for returning your equipment. Any unclaimed items left over 30 days will become property of omakasepcs.com
We attempt to ship all “In-Stock” orders that are received and approved by 12:00PM E.S.T. (M-F) the same day. Orders placed after business hours will be processed on the morning of the next business day. Weekend orders (Friday after 5pm, Saturday & Sunday) orders will begin processing Monday morning. Orders $150.00 or more may require a “direct signature” by you when they are delivered. Most smaller parts orders are shipped via FedEx or UPS. Larger bulk orders will be shipped via truck freight carrier. All orders will be shipped to the address you provide when placing your order. Any address changes will require you to cancel the original order and place a NEW order with the address change. Items shipped by freight carrier MUST be delivered and signed for at the address you provide, NO DOCK PICKUPS are allowed.
LTL Freight Shipping:
Your shipment is being transported via freight truck, and we wanted you to be aware of your rights and responsibilities as the end recipient (from here forward known as the “consignee”).
There are a lot of things that can happen between the manufacturer and your delivery location; therefore we are asking you to do a very small amount of work to protect yourself, and us.
To ensure that you are receiving what you ordered, and in acceptable condition, the National Claims Council Regulations specify that you must inspect, examine, and inventory your shipment as it is unloaded.
Most items ship for Free in the lower 48 contiguous United States. Free Shipping only qualifies for items shipped to the lower continental 48 United States.
For International Orders:
There may be additional charges for shipping and handling. Any additional paperwork required will also have a fee in addition to handling charges. ALL orders are shipped F.O.B. Shipping point ! We ship primarily FedEx or UPS, but also ship via truck freight. Any shipping charges listed on this website are designed to be the best general shipping charges based on the destination. If you have your own shipping arrangements, please call us at (561) 964-3358 to discuss other shipping options. Our website is designed to allow shipping to many places, and may place restrictions based on destination entered. If you are located outside of the U.S., or have shipping questions, please call (561) 964-3358. We cannot guarantee delivery times. Most items ship for Free in the lower 48 contiguous United States, ($99 minimum order). Free Shipping only qualifies for items shipped to the lower 48 United States. Delivery time does not include order-processing time which can be up to two business days depending on the size and complexity of the order. Please keep in mind that in stock items may run out at any time, depending on the number of orders and order quantities for that particular item. If we are unable to fill your order completely in a reasonable time frame, we will send you a partial shipment and the rest of your items will go on back-order and then be shipped promptly upon their availability, at no additional cost to you. Omakase PCs and omakasepcs.com is not held responsible for any incorrect addresses given. Once an order is placed, the shipping address can not be changed. Prices provided on the Omakase PCs Sites are subject to change without notice and may or may not include shipping and handling or any applicable sales taxes or customs duties.
‘Do Not Sell’ (Excluded) Countries:
As a U.S. Based company we cannot and will not sell or ship to the following countries:
- Ivory Coast
- Democratic Republic of Congo
- North Korea
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, how they interact with the website, place an order, and in connection with other activities, services, features or resources we make available on our Site.Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Omakase PCs may collect and use Users personal information for the following purposes:
- To run and operate our Site
We may need your information display content on the Site correctly.
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Your acceptance of these terms
This document was last updated on June 24, 2015
Terms & Conditions of Sale
1. User Eligibility
The Omakase PCs Sites are available only to residents of the U.S. who are over the age of 18 and can form legally binding agreements. The products and services available on the Omakase PCs Sites are available only in the U.S. If you do not qualify, do not use the Omakase PCs Sites. In addition, you should only access the Omakase PCs Sites from within the United States or its territories, as access to the Omakase PCs Sites may be prohibited in countries outside the U.S. If you access the Omakase PCs Sites from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access. Special Note regarding Children: The Omakase PCs Sites are not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use the Omakase PCs Sites. Omakase PCs will comply with the Children’s Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use the Omakase PCs Sites and you should always monitor your children’s use of the Internet. You should make your children aware that providing information about them over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children’s use of the Internet and to block your children’s access to particular Internet sites.
2. Ownership and Permitted Use of Omakase PCs Sites and their Content
Omakase PCs provides the Omakase PCs Sites and their contents for your information, education and shopping pleasure. Please feel free to browse the Omakase PCs Sites. However, you should keep in mind that all of the information, content, and other material contained on the Omakase PCs Sites, including text, trademarks, written material, trade dress, catalogs, technical information and advertisements (all “Content”) are the sole and exclusive property of Omakase PCs, its licensors, or other third parties. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all content is retained by Omakase PCs. You may view, download, and print material displayed on the Omakase PCs Sites for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.
3. Certain Restrictions on Use
You may not:
distribute, retransmit, republish, reuse, repost, or use the contents of the Omakase PCs Sites for public or commercial purposes, without Omakase PCs’s prior written permission;
alter, modify, frame, or “mirror” any content contained on the Omakase PCs Sites
link to the Omakase PCs Sites;
use any data mining, robots, or similar data-gathering and extraction tools in connection with the Omakase PCs Sites;
remove or alter any copyright or other proprietary notices contained on the Content;
input or upload onto the Omakase PCs Sites any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual property rights of Omakase PCs or any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines;
post or transmit any unlawful, threatening, obscene, libelous, or otherwise offensive material to the Omakase PCs Sites; or engage in any type of harassment activity via the Omakase PCs Sites.
4. Errors on the Omakase PCs Sites
Omakase PCs shall have no responsibility for errors of any kind on the Omakase PCs Sites or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. Omakase PCs reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time. A customer’s sole and exclusive remedy if an item purchased by the customer from the Omakase PCs Sites does not fulfill the description set forth on the Omakase PCs Sites is to return the item, in an unused condition, to Omakase PCs for a refund of the purchase price and, in Omakase PCs’s sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to Omakase PCs. Because actual colors and the “look and feel” you see on the Omakase PCs Sites will depend on your monitor and other technical factors, Omakase PCs cannot guarantee that any video display of any product information or other data will be accurate at any time. The price of each product and service will only be confirmed by Omakase PCs upon the submission of an order by a customer. Prices provided on the Omakase PCs Sites are subject to change without notice and may or may not include shipping and handling or any applicable sales taxes or customs duties. In the event Omakase PCs discovers an error of any kind in pricing or product and service information, Omakase PCs reserves the right to, in Omakase PCs’s sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer’s instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favors the customer, ship the product to customer at the incorrect price to the customer’s benefit. Products and services described on the Omakase PCs Sites are available only while supplies last, and Omakase PCs reserves the right to discontinue the offering or sale of any product or service at any time, without notice.
5. Feedback and Submissions to the Omakase PCs Sites
Omakase PCs welcomes your comments regarding the products and services offered on the Omakase PCs Sites. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on a unique Omakase PCs Site and (ii) the Omakase PCs Sites in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on the Omakase PCs Sites or through the feedback and survey opportunities offered by Omakase PCs or third parties will be considered non-confidential, non-proprietary and not personal to you nor anyone else and may be disseminated or used by Omakase PCs, its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to the Omakase PCs Sites, you grant to Omakase PCs a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send Omakase PCs any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to the Omakase PCs Sites. By submitting material to the Omakase PCs Sites, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead Omakase PCs as to the origin of any submission. You agree to indemnify Omakase PCs for all claims against it that arise from or are connected with your submission(s).
6. Disclaimer of Warranty
The Omakase PCs Sites, including all Content and the Content of any Linked Websites, are provided “as is” and “as available.” AS TO THE Omakase PCs SITES, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, Omakase PCs EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Without limitation to the foregoing, Omakase PCs makes no warranty: (a) that there will be no interference with your enjoyment of the Omakase PCs Sites or Linked Websites; (b) that the Content provided on the Omakase PCs Sites or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on the Omakase PCs Sites or Linked Websites is complete, reliable or accurate; (d) that any request or order placed by you to the Omakase PCs Sites or Linked Websites will be honored according to your schedule or any stated schedule; (e) that the Omakase PCs Sites or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that the Omakase PCs Sites or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of the Omakase PCs Sites or Linked Websites will be accurate and reliable; (h) that any errors in the content of the Omakase PCs Sites or Linked Websites will be corrected; (i) that materials on the Omakase PCs Sites or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on the Omakase PCs Sites or Linked Websites are available for use in any particular location. You assume total responsibility and risk for your use of the Omakase PCs Sites and any Linked Website. Any material downloaded or otherwise obtained through the use of the Omakase PCs Sites or Linked Website shall be so obtained at your own discretion and risk. Omakase PCs will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from the Omakase PCs Sites or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from the Omakase PCs Sites or any Linked Website.
7. Limitation of Liability
Omakase PCs will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the Omakase PCs Sites, even if Omakase PCs has been advised of the possibility of such damages.
8. Order Fulfillment
Omakase PCs reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, Omakase PCs shall not be liable to you or any third party for such denial or refusal.
The Omakase PCs Sites may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as “Linked Websites”). Omakase PCs has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. Omakase PCs does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to Omakase PCs.
13. Updates and Changes to Policies
15. Contact Information
Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Omakase PCs Sites, please notify Omakase PCs immediately at firstname.lastname@example.org.
Effective January 1, 2015
Omakase Custom Built & Assembled Handcrafted Computers Affiliate Program Terms of Service
By signing up to be an Affiliate in the Omakase Custom Built & Assembled Handcrafted Computers Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Omakase Custom Built & Assembled Handcrafted Computers reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Omakase Custom Built & Assembled Handcrafted Computers cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Omakase Custom Built & Assembled Handcrafted Computers product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Omakase Custom Built & Assembled Handcrafted Computers. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Omakase Custom Built & Assembled Handcrafted Computers. You must ensure that each of the links between your site and the Omakase Custom Built & Assembled Handcrafted Computers properly utilizes such special link formats. Links to the Omakase Custom Built & Assembled Handcrafted Computers placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Omakase Custom Built & Assembled Handcrafted Computers product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://omakasepcs.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
Identifying yourself as a Omakase Custom Built & Assembled Handcrafted Computers Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Omakase Custom Built & Assembled Handcrafted Computers or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://omakasepcs.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Omakase Custom Built & Assembled Handcrafted Computers reserves the right to end the Program at any time. Upon program termination, Omakase Custom Built & Assembled Handcrafted Computers will pay any outstanding earnings accrued above $20.
Omakase Custom Built & Assembled Handcrafted Computers, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Omakase Custom Built & Assembled Handcrafted Computers service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Omakase Custom Built & Assembled Handcrafted Computers reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Omakase Custom Built & Assembled Handcrafted Computers will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Omakase Custom Built & Assembled Handcrafted Computers to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Omakase Custom Built & Assembled Handcrafted Computers and govern your use of the Service, superceding any prior agreements between you and Omakase Custom Built & Assembled Handcrafted Computers (including, but not limited to, any prior versions of the Terms of Service).