Terms of Service — Blackout Computers

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Blackout Computers (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://www.blackoutcomputers.com/ website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing the Site, you confirm you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the “Last updated” date of these Terms of Use, and you waive the right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to remain informed of updates. You will be subject to, and will be deemed to have accepted, any changes in any revised Terms of Use by your continued use of the Site after such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly stated in these Terms of Use, no part of the Site—nor any Content or Marks—may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Provided you are eligible to use the Site, you are granted a limited license to access and use it and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update it as necessary;
You have the legal capacity and agree to comply with these Terms of Use;
You are not under the age of 13;
You are not a minor in the jurisdiction where you reside, or if a minor, you have parental permission to use the Site;
You will not access the Site through automated or non-human means, whether via bot, script, or otherwise;
You will not use the Site for any illegal or unauthorized purpose; and
Your use of the Site will not violate any applicable law or regulation.

If you provide any untrue, inaccurate, not current, or incomplete information, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right, in our sole discretion, to remove, reclaim, or change a username if we determine that such username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products listed on the Site. However, we do not guarantee that the colors, features, specifications, and details will be accurate, complete, reliable, current, or free of other errors, and your device’s display may not accurately reflect the actual colors or details. All products are subject to availability; we cannot guarantee items will be in stock. We reserve the right to discontinue products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

Via our payment gateway PayPal, we accept the following forms of payment:

Visa
Mastercard
American Express
Discover
PayPal

We also accept financing through Shop Pay Installments (visit https://shop.app/shop-pay for details).

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information (email address, payment method, payment card expiration date) so that we can complete transactions and contact you as necessary. Sales tax will be added to the price of purchases as required. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases, including any applicable shipping fees, and you authorize us to charge your chosen payment provider for such amounts when placing your order. We reserve the right to correct any errors or mistakes in pricing, even if payment has already been requested or received.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order—including those placed under the same account, payment method, and/or billing or shipping address. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

RETURN POLICY

Please review our Return Policy posted on the Site prior to making any purchases.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that which we provide. The Site may not be used in connection with any commercial endeavors except those expressly endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content to create or compile a collection, compilation, database, or directory without our written permission.
Make any unauthorized use of the Site, including collecting usernames/emails for sending unsolicited email or creating accounts under false pretenses.
Use the Site to advertise or offer to sell goods and services without permission.
Circumvent, disable, or otherwise interfere with security features of the Site, including those preventing or restricting copying of Content.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us or other users, especially to learn sensitive account information like passwords.
Make improper use of our support services or submit false reports of abuse.
Engage in any automated use of the system (scripts, data mining, robots, or similar data extraction tools).
Interfere with, disrupt, or create an undue burden on the Site or networks/services connected to the Site.
Impersonate another user or use the username of another user.
Sell or transfer your profile.
Use information from the Site to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or Content for revenue-generating endeavors.
Decipher, decompile, disassemble, or reverse engineer the Site’s software.
Attempt to bypass any measures designed to prevent or restrict access to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents providing the Site.
Delete copyrights or proprietary notices from any Content.
Copy or adapt the Site’s software (e.g., Flash, PHP, HTML, JavaScript, or other code).
Upload or transmit (or attempt to) viruses, Trojan horses, or any material that interferes with any user’s uninterrupted use of the Site.
Upload or transmit material that acts as a passive or active information collection mechanism (e.g., gifs, 1×1 pixels, cookies, spyware).
Use, launch, develop, or distribute any automated system or software that accesses the Site without authorization.
Disparage, tarnish, or harm us and/or the Site, in our opinion.
Use the Site contrary to any applicable laws or regulations.

GUIDELINES FOR REVIEWS

We may provide areas on the Site to leave reviews or ratings. When posting a review, you must comply with:

You have firsthand experience with the entity being reviewed;
No offensive profanity, abusive, racist, or hate language;
No discriminatory references (religion, race, gender, etc.);
No references to illegal activity;
You are not affiliated with competitors if posting negative reviews;
No conclusions about the legality of conduct;
No false or misleading statements; and
No campaigns encouraging others to post biased reviews.

We may accept, reject, or remove reviews at our discretion. We have no obligation to screen or delete reviews, even if considered objectionable. Reviews do not reflect our opinions. We assume no liability for any claims or damages resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, sublicensable right to reproduce, modify, translate, transmit, display, perform, and/or distribute all review-related content.

INVITATION TO SUBMIT REVIEWS

You may be contacted via email within 10 days of order completion to submit a review. Submitting a review is optional, though appreciated.

SUBMISSIONS

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or our offerings (“Submissions”) provided by you are non-confidential and become our sole property. We own exclusive rights, including all intellectual property rights, and may use and disseminate these Submissions for any lawful purpose without acknowledgment or compensation. You waive all moral rights to these Submissions and represent they are original or you have authorization to submit them. You agree there shall be no recourse for any alleged or actual infringement of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites (“Third-Party Websites”) or feature articles, text, graphics, pictures, designs, music, sound, video, information, and other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not monitored or checked by us for accuracy, relevance, or completeness, and we are not responsible for them. If you decide to leave our Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms of Use no longer apply. You should review the applicable terms and policies of any site to which you navigate. Any purchase you make via Third-Party Websites is solely between you and the relevant third party. You agree to hold us harmless for any losses you sustain from purchases or interactions with these Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms of Use;
Take appropriate legal action against anyone who violates the law or these Terms of Use;
In our sole discretion, refuse or restrict access to any of your Contributions, or remove them entirely;
Remove or disable files that are excessive or burdensome to our systems; and
Otherwise manage the Site to protect our rights and property and ensure its proper functioning.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://www.blackoutcomputers.com/legal/privacy-policy. By using the Site, you agree to our Privacy Policy, which is incorporated into these Terms. Please note, the Site is hosted in the U.S. If you access it from outside the U.S., you are transferring your data to the U.S. and consenting to have your data processed in the U.S. We do not knowingly accept or solicit information from anyone under 13. If we learn that someone under 13 has provided personal info without verifiable parental consent, we will delete that info promptly.

TERM AND TERMINATION

These Terms remain in effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION, WE MAY, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON, INCLUDING (BUT NOT LIMITED TO) VIOLATION OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SITE OR DELETE YOUR ACCOUNT AND INFORMATION AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account, you are prohibited from registering for a new account under your name, a fake or borrowed name, or anyone else’s name. In addition to terminating or suspending your account, we reserve the right to pursue civil, criminal, or injunctive action against violators.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Site’s contents at any time or for any reason, at our sole discretion, without notice. We also reserve the right to modify or discontinue part or all of our offerings without notice. We are not liable for any modification, price change, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience technical problems or need to perform maintenance, causing interruptions, delays, or errors. We reserve the right to revise or modify the Site at any time without notice. You agree we have no liability for any inconvenience caused by an inability to access or use the Site. Nothing obligates us to maintain or update the Site or supply any corrections, updates, or releases.

GOVERNING LAW

These Terms of Use and your use of the Site and our offerings are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree that any suit, action, or proceeding arising out of or relating to these Terms of Use must be instituted in the state or federal courts located in Miami-Dade County, Florida, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

CORRECTIONS

There may be information on the Site containing typographical errors, inaccuracies, or omissions that may relate to the offerings, including descriptions, pricing, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, (3) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION, (5) ANY BUGS, VIRUSES, OR THE LIKE TRANSMITTED BY THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE, AND WE ARE NOT RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS. EXERCISE CAUTION AND USE YOUR BEST JUDGMENT WHEN PURCHASING ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless (including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees) from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

Your use of the Site;
Breach of these Terms of Use;
Any breach of your representations and warranties set forth herein;
Your violation of a third party’s rights, including intellectual property rights; or
Any harmful act toward another user of the Site you connected with via the Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, and you agree to cooperate at your expense with our defense of such claims. We will use reasonable efforts to notify you of any such claim.

USER DATA

We will maintain certain data you transmit to the Site to manage performance, as well as data relating to your use of the Site. Although we perform regular backups, you are solely responsible for all data transmitted or relating to your activity using the Site. You agree we have no liability for any loss or corruption of data, and you hereby waive any right of action against us for any such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically (via email and on the Site) satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You waive any rights or requirements under any laws requiring an original signature, or delivery/retention of non-electronic records, or to payments/credits by non-electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not resolved satisfactorily, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952‑5210 or (916) 445‑1254.

MISCELLANEOUS

These Terms of Use, along with any policies or rules posted by us on the Site, constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We are not liable for any loss or delay caused by circumstances beyond our reasonable control. If any part of these Terms is deemed unlawful, void, or unenforceable, that part is severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Terms or your use of the Site. You agree these Terms will not be construed against us by virtue of having drafted them. You waive any defenses you may have based on the electronic form of these Terms and the lack of signing by the parties to execute them.

CONTACT US

To resolve a complaint regarding the Site or for more information on using the Site, please contact us:

Blackout Computers

1125 NE 125th St Miami FL 33161

United States of America

Phone: (561) 962-1890 support@blackoutcomputers.com