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Terms and Conditions (International)

These terms and conditions (these “Terms”) govern your use of any website or mobile application owned or operated by Newegg, its subsidiaries and affiliates, including Newegg websites around the world (collectively, the “Site”). These Terms are subject to change by Newegg, in its sole discretion, at any time, without prior written notice. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. Therefore, you should review these Terms prior to using the Site. Your continued use of the Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

Additional terms and conditions may apply to some products or services offered by Newegg and to the use of the Site and to specific portions or features on the Site, including, but not limited to, promotions, contests, or other similar features (“Additional Terms”) all of which terms are made a part of these Terms by this reference. The Additional Terms will control to the extent of any inconsistency between the Additional Terms and these Terms.

You should also carefully review our Privacy Policy before using the Site as it also governs your use of the Site and our services.

Please read these Terms carefully before using the Site. By accessing or otherwise using the Site or our services, you affirm that you are of legal age to enter into this agreement, and you signify your agreement to be bound by these Terms, Additional Terms, applicable Privacy Policy and any other policies or documents referred to in these Terms. If at any time you do not agree with any of these Terms, you must immediately stop using the Site.

When you use the Site or our services, you agree to use the Site and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which Newegg may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to Newegg that you will not use the Site or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:

  • Access or attempt to access the Site other than through the interface that is provided by Newegg, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Newegg;
  • Access or attempt to access the Site, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers;
  • Engage in any activity that disrupts or otherwise interferes with the Site (or the servers and networks which are connected to the Site), or our services;
  • Duplicate, reproduce, copy, sell, trade or resell the Site for any purpose;
  • Divert or attempt to divert Newegg customers to another website, mobile application, or service;
  • Send unsolicited or unauthorized emails on behalf of Newegg, including promotions and/or advertising of products or services;
  • Restrict or inhibit any other person from using the Site or our services;
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
  • Attempt to do anything, or encourage, assist, or allow any third-party to do anything in violation of these Terms; or
  • Use a false e-mail address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or our services.

Content on the Site

  1. Intellectual Property
    All content included on the Site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of Newegg, its suppliers, licensors, or other providers of such material and is protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Newegg and its suppliers and licensors expressly reserve all intellectual property rights in all content. These Terms permit you to use the Site for your personal, non-commercial use only.TrademarksThe Newegg name, logos, service names, designs, and slogans are trademarks of Newegg. You must not use such marks without the prior written permission of Newegg. All other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Newegg.
  2. Features on the SiteProduct TourThe product resources offered in Product Tour are provided courtesy of their respective developers. As such, to the fullest extent permitted by law, Newegg is not responsible in any way for the accuracy of claims, representations or suggestions made in these materials. Similarly, all compatibility or technical issues should be directed to the appropriate developer or manufacturer. These resources are provided on an “as is” basis by Newegg as a supplementary service to you, the user. We offer these resources to you strictly for informative purposes as they may lend valuable insight into products you are interested in and clarify any associated benefits.Technical SupportNewegg does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations, or provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at Newegg.Marketplace: If you need technical support for an item that is listed on the Site as “Sold and Shipped by” a third-party seller through Newegg’s Marketplace platform (“Marketplace Seller”) and not “Sold and Shipped by Newegg” (“Marketplace Item”), please direct your requests for technical assistance to that Marketplace Seller. However, please be aware that certain Marketplace Sellers may not offer technical assistance. Check the Marketplace Seller’s Policy Page of the individual Marketplace Seller for details.

    Links

    All links to other websites from Newegg are provided as resources to customers looking for additional information and/or professional opinion. To the fullest extent permitted by law, Newegg does not assume responsibility for the claims and/or representations made on these or any other websites. If you access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the policies and terms and conditions for such websites.

Use of the Site

  1. Access to the SiteNewegg reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in its sole discretion, at any time, for any reason, without notice. Newegg will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the Site entirely, to users, including registered users.
  2. Account Registration and AccessIn order to place an order with Newegg, you must register for a Newegg account. To register for a Newegg account, you must provide us with your personal information, including your name, email address, and password. It is a condition of your use of the Site that all the information you provide on the Site is accurate, current and complete. Your user name and password are for your personal use only. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account.

    Newegg may, in its sole discretion, at any time, for any reason, deactivate your account or freeze your account.

  3. Customer transactions
    Your order is an offer to Newegg to buy the product(s) and services listed in your order. When you place an order to purchase a product and/or service from Newegg, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that we have received your order; it does not constitute Newegg’s acceptance of your order or Newegg’s confirmation of our offer to sell. Newegg may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, Newegg may, in its sole discretion, cancel your order and limit order quantity.  If your order is canceled after your credit card has been charged for the purchase, Newegg will issue a credit to your credit card account in the amount of the charge.We may process payment for and ship parts of your order separately.You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the “your account” area of the Site.Marketplace: For an order for a Marketplace Item, Newegg is the seller of record; however, the Marketplace Seller and not Newegg is solely responsible for processing and fulfilling the order and bears all liability and risks associated with, or related to, any item that is sold and shipped by that Marketplace Seller that is purchased by a customer through the Site. When you place an order for a Marketplace Item, we will provide the Marketplace Seller with the information necessary to process and fulfill the order, in accordance with the terms of Newegg’s Privacy Policy. Please note that Marketplace Sellers may have policies that differ from Newegg’s policies; therefore, for orders for Marketplace Items, please review the applicable Marketplace Seller’s policies for any other terms and conditions that may apply to your order for such items. The Marketplace Seller’s posted policies will control to the extent of any inconsistency between Newegg’s policies and the Marketplace Seller’s posted policies.Payment informationIn order to place an order with Newegg, you must provide us with your name, shipping address, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code. You represent and warrant to Newegg that the credit card information or other payment method information you provide to Newegg is accurate and complete; and you are authorized to use such credit card or payment method for the purchase.

    Terms of payment are within our sole discretion and we must receive payment before our acceptance of an order. Payment methods may vary by location. To learn about International payment methods please Click Here. Depending on your location, we may accept any of the following payment methods:

      • Visa
      • MasterCard
      • American Express
      • Paysafecard
      • PayPal
      • Newegg Gift Card

    Pricing and Availability

    All prices are displayed in the currency of the jurisdiction of the country you have selected when accessing the Site.

    All pricing is subject to change without notice, and Newegg reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, and other extenuating circumstances.

    On rare occasions, an item in our catalog may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the Site, we may either contact you before shipping to ask whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

    We list availability information for products sold by us on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable. Newegg shall at its sole discretion, at any time, have the right to refuse or cancel any order for a product that is unavailable. If such order is canceled after your credit card has been charged for the purchase, Newegg will issue a credit to your credit card account in the amount of the charge.

    Shipping and Customs

    Please note that unless otherwise stated on the Site, delivery estimates are only estimates and are not guaranteed delivery times, should not be relied upon as such and do not form part of the contract between Newegg and you.

    International Shipping

    To learn more about international shipping for non-U.S. customers, please review our International Shipping Policy.

    The International Shipping Policy is incorporated into these Terms in its entirety.

    Cross-Ship

    Newegg does not cross-ship items under any circumstances.

    Marketplace: Marketplace Sellers may cross-ship Marketplace Items in their discretion. Check the Marketplace Seller’s policy for the cross-ship policies of individual Marketplace Sellers. In the event of a conflict between the cross-ship policy of a Marketplace Seller and the Newegg Cross-Ship policy, the Marketplace Seller’s cross-ship policy shall apply to an order for a Marketplace Item through that Marketplace Seller.

    Customs, Duties & Taxes

    When ordering products from Newegg for delivery from outside of your jurisdiction, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information. Additionally, please note that when ordering from Newegg, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

    Estimated VAT/GST & Duty

    Newegg offers customers customs duties, taxes and fees (“VAT/GST & Duty”) estimation during checkout and customs clearance on your behalf for certain eligible countries.

    When Newegg products are shipped to eligible countries, an estimate of the estimated VAT/GST & Duty will be levied on the items in your order for shipment to countries outside of the U.S. With your authorization, these funds are used by the carrier or another agent to pay the import fees on your behalf (or the recipient’s behalf) to the appropriate authorities of the destination country. The payment of import fees is the responsibility of the importer and is levied based on the laws of the country into which the products are being shipped.

    The Estimated VAT/GST & Duty is an estimation of the taxes and duties that may apply and isn’t an actual calculation. Customs regulations and tax rates applicable to certain goods may change between the date the taxes and duties were estimated and the applicable taxes and duties on the date of import into the destination country. The duty or tax rate is often determined by the classification of a good, which varies by country and region.

    Duties and taxes are calculated based on the market value (actual price before any promotions) of the product and not the price after Newegg promotions. This allows destination country customs authorities to obtain the accurate import duties and taxes owed to them based on the actual value of the goods.

    You won’t be charged additional fees if the actual Import Fees exceed the VAT/GST & Duty we estimated.

    Risk of Loss

    Newegg will arrange for the shipment of your ordered product(s) to you, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to you upon delivery to the carrier. Newegg reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow Newegg to sign appropriate documents on your behalf to permit Newegg to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. Newegg will advise you of estimated shipping dates, but Newegg will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

    Marketplace: For orders for Marketplace Items, the Marketplace Seller will ship the Marketplace Items to you.

    Promotions, Gifts, Specials, Rebates, Discounts, and etc.

    Promotions, Gifts, Specials, Rebates, Discounts, and etc. are subject to change without notice.  In addition, Newegg reserves the right to modify or cancel Promotions, Gifts, Specials, Rebates, Discounts, and Etc. at any time, for any reason, and without notice.

    Promo Codes

    Newegg will sometimes furnish an alphanumeric code that can be used for promotions on the Site. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the Site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements.

    Marketplace: Promo Codes are not currently available for Marketplace Items.

    Gifts

    Newegg offers complimentary customer appreciation gifts with the purchase of selected merchandise. On the product page of qualified merchandise, choose your preferred customer Appreciation Gift via radio button and click the item’s Add to Cart button. Both the product and the gift item will be added to your cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a gift to your cart, an intermediary page will be promoted to provide you with a second chance. Gift offers valid only while supplies last.

    Combo Specials

    Combo Specials are offered by Newegg as a way of purchasing two items together at a discounted price. To take advantage of a listed Combo Special, select the desired Combo Special from the individual item listing and click Add to Cart. Both items will be added to your shopping cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a Combo Special to your cart, an intermediary page will be promoted to provide you with a second chance. Only one of each Combo Special can be purchased per order. Offers valid only while supplies of both items last. If you attempt to purchase multiple units of a Combo Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer’s “limit one per household” provision). Newegg cannot guarantee the compatibility of combo items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.

    Please note that an item advertised as “free” in a combo special may still incur a shipping charge.

    Bundle Specials

    Bundle Specials are offered to Newegg shoppers as a way to purchase multiple items together at a discounted price. Only one of each Bundle Special can be purchased per order. Offers valid only while supplies of all items within the bundle last. If you attempt to purchase multiple units of a Bundle Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer’s “limit one per household” provision). Newegg cannot guarantee the compatibility of bundle items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.

    Customized Systems

    Customized systems are built-to-order. The components you select for your system will be assembled and tested by trained staff. Customized systems require adequate time for assembly as well as testing to ensure the components are functioning properly. Assembly time varies depending on the system. The required assembly time for each particular system will be listed on the item’s product page.

    Your order must be charged in full before we begin building your system. Please note that once an order is charged, it cannot be changed or canceled.

    Mail-in Rebates

    For your convenience, Newegg does its best to advertise any current rebates on the Site. Any use of these rebates is limited to the terms and conditions specified by the product manufacturer. If you have any questions regarding rebate terms and conditions, please contact the manufacturer directly.

    All rebates are subject to Newegg’s Rebate Terms and Conditions.

    Resellers/ Discount Program

    Unfortunately, we do not currently have a reseller or discount program available at this time. Newegg currently already negotiates the best possible price for you and offers these great discounts to all of our customers through the Site. Anytime we receive any specials or promotions, we will immediately post them on the Site for you to take advantage.

    Volume Discounts

    Newegg does not have a reseller or discount program available at this time. We work hard to negotiate the best values on the Internet and offer these tremendous values to all of our customers via the Site. All of our inventory shown online is live, posted in real-time and accessible 24/7/365. We also do our best to advertise any specials, promotions or rebates for our customers’ benefit.

    Order Processing Time

    For products sold and shipped by Newegg, you can expect your order to be processed within 1 business day, provided the items are in stock and there are no problems with payment verification. Newegg does not guarantee same day shipping. Orders are processed on weekends, excluding holidays.

    Marketplace: For an order for a Marketplace Item, the Marketplace Seller is responsible for shipping the Marketplace Item to you. While Newegg does not guarantee processing times for orders for Marketplace Items, generally, the order processing time for Marketplace Items is 1-3 business days.

    Rush Processing

    Rush Processing expedites the fulfillment of your order so it can be packed, shipped and on the road the same business day it is placed. For Rush Processing to be effective, your order must be submitted and charged before 5:00 p.m. local time, Monday through Friday. If the above conditions are met and we fail to ship your order the same business day, we will refund the Rush Processing fee.

    The following items and order types are not eligible for rush processing Marketplace Items, third-party Newegg distribution centers, Backorders, Pre-orders, DVD movies, Large Item Delivery shipping method, ShopRunner shipping service, Super Eggsaver, and Will Call orders. For orders with eligible and ineligible items, rush processing will apply to the eligible items only. Ineligible items will automatically be split into a separate order.

    Rush Processing Fee

    The Rush Processing fee is $2.99.

    Rush Processing Disclaimer:

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CIRCUMSTANCES, NEWEGG’S MAXIMUM LIABILITY IS LIMITED TO THE RUSH ORDER FEE ONLY. WHILE NEWEGG CANNOT GUARANTEE SAME DAY SHIPMENT FOR ALL ORDERS, NEWEGG WILL PUT FORTH ITS BEST EFFORT TO SHIP ALL RUSH PROCESSING ORDERS THE SAME BUSINESS DAY IF THE ABOVE CONDITIONS ARE MET. OTHERWISE, YOUR RUSH PROCESSING FEE WILL BE REFUNDED.

    Pre-orders

    Click the Pre-order button in the item description and checkout as you normally would. A Sales Order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered DVD or software is in stock and ready to ship. If you purchase an in-stock item with a pre-order item, you will be charged accordingly for the available product and the difference when your pre-ordered item is in stock and ready for shipment. In this instance, two Sales Order numbers will be issued; one for the in-stock merchandise and one for the pre-ordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.

    Marketplace: Pre-ordering is not currently available for Marketplace Items.

    Backorders

    We will never purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or possibly because the last few items on our shelves are damaged and/or not in a condition that we can sell to a customer. In that instance, we will refund your credit/debit card for the item, along with any applicable tax fees and shipping charges. An email will also be sent to you to alert you of the situation.

    We will sometimes allow you to backorder an item that is out of stock. However, these items will be clearly marked with a Backorder button. Click the Backorder button in the item description and checkout as you normally would. A Sales Order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your backordered item is in stock and ready to ship. If you purchase an in-stock item with a backorder item, you will be charged accordingly for the available product and the difference when your backordered item is in stock and ready for shipment. In this instance, two Sales Order numbers will be issued; one for the in-stock merchandise and one for the backordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.

    Marketplace: Backordering is not currently available for Marketplace Items.

    “Must Be Purchased with Hardware”

    The “must be purchased with hardware” precept is mandated by the software publisher. In accordance, Newegg customers must purchase some type of product that falls under the general category of computer hardware in order to purchase applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, processor and a floppy drive are all examples of merchandise that will qualify). There is no specific or set price the hardware has to be, merely that there is some sort of eligible hardware present in the order itself.

    Order Status

    Newegg will keep you informed of your order status via e-mail. All tracking information will be emailed to you once your order has shipped (except when an APO/FPO/DPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on the Site.

    Order Cancellation

    You may cancel your order for a product at no cost any time before the order has been processed and shipped, provided Newegg has sufficient time to cancel the order.

    Nothing in this section limits your rights to cancel your order under any law.

    Product Information

    Unless expressly indicated otherwise, Newegg is not the manufacturer of the products sold on the Site. Actual product packaging and materials may contain more and different information to that displayed on the Site. Ingredients may also change. All information about the products on the Site is provided for information purposes only, and Newegg makes no warranties or representations as to the Site’s accuracy. We recommend that you do not rely solely on the information presented on the Site. Please always read labels, warnings and directions provided with the product before use.

    For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on the Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition to the fullest extent permitted by law. Newegg accepts no liability and responsibility for inaccuracies or misstatements about products by manufacturers or other third parties.

    Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

    Product Limitations

    Newegg may limit the number of products available for purchase. Newegg may, in its sole discretion, at any time, for any reason, change the quantities available for purchase.

    Product Testing

    Newegg, like other e-retailers, ships items in the condition they were received from the original manufacturer/distributor. Newegg does not conduct product testing before shipping any merchandise.

    Marketplace: Marketplace Sellers may or may not conduct product testing. Check the Marketplace Seller’s Policy Page for information on the product testing practices of individual Marketplace Sellers.

    Errors in Product Listings

    Prices and availability of products are subject to change without notice. Newegg strives for accuracy in all item descriptions, images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the Site. Due to system, typographical, informational, technical, human, and other errors, we cannot and do not guarantee that all information, including descriptions, images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Newegg reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. To the fullest extent permitted by law, Newegg shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the Site contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your credit card has been charged for the purchase, Newegg will issue a credit to your credit card account in the amount of the charge.

    Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

    Product Revisions

    Newegg is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, Newegg puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on the Site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Newegg relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, to the fullest extent permitted by law, Newegg will not be held responsible for product revision changes.

    Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

  4. User ContributionsPosting Content on the Site|You may post content on the Site, including, but not limited to, testimonial, feedback, reviews, and blogs. If you post content on the Site, you agree to comply with our Privacy Policy and these Terms. You acknowledge and agree that you are solely responsible for all content and the accuracy of all content you make available in connection with the Site. You represent and warrant that:
    1. We may use the content for any purpose;
    2. We may use the comment with or without any pseudo (pen) name credit;
    3. The reprint or use of the content will be at our discretion and without compensation; and
    4. We may use the Blog locally, nationally, or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed.

    Right to Monitor Content

    Newegg has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any content made available through the Site. Newegg takes no responsibility and assumes no liability for any content you post, upload, or otherwise make available through your use of the Site. You are solely responsible for any content you post, upload, or otherwise make available through your use of the Site.

    Restrictions on Content

    Newegg may, in its sole discretion, at any time, remove or deny content for any reason, including, but not limited to, when the content contains any of the following:

    • Hyperlinks/URLs;
    • References to other stores/resellers;
    • Comments on products that were either physically damaged or misused;
    • Comparisons to competing brands/products of competing brands;
    • Criticism of Newegg ‘s service or the service of our operations partners, such as FedEx, UPS, PayPal, and etc.;
    • References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation; such as overclocking, hacked drivers, tweaking/modding, and etc.; or
    • Replies to existing customer reviews; please do not attempt to initiate discussions here.

    Prohibited Content

    You are prohibited from posting content on the Site that is:

    • Offensive or abusive;
    • Obscene, pornographic, or otherwise objectionable;
    • Illegal;
    • False, fraudulent, inaccurate, or misleading;
    • Derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity;
    • Violent or threatening, or promotes violence or actions that are threatening;
    • Infringing the rights of others, including, but not limited to patent, copyright, trademark, trade secret, trade dress, right of privacy, or any other proprietary right;
    • Intending to cause harm, damage, or otherwise interferes with the Site and our services;
    • Violating any of our policies;
    • Violating any local, state, federal, or international laws;
    • Injurious to third parties; or
    • Contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
  5. Copyright PolicyReporting Claims of Copyright Infringement

    We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Newegg infringe your copyright, you may request removal of those materials (or access to them) from Newegg by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

    • Your physical or electronic signature;
    • Identification of the copyrighted work you believe to have been infringed;
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
    • Your name, mailing address, telephone number, and email address;
    • A statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our designated Copyright Agent to receive DMCA Notices is:

    Copyright Agent
    Newegg Legal Department
    17560 Rowland St.
    City of Industry, CA 91748
    Phone: (626) 271-9700
    Fax: (626) 271-9480
    copyright@newegg.com

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on Newegg is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Counter-Notification Procedures

    If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

    • Your physical or electronic signature;
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
    • Your name, mailing address, telephone number, and email address;
    • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Newegg may be found) and that you will accept service from the person (or an agent of that person) who provided Newegg with the complaint at issue.

    Completed Counter-Notices should be sent to:

    Copyright Agent
    Newegg Legal Department
    17560 Rowland St.
    City of Industry, CA 91748
    Phone: (626) 271-9700
    Fax: (626) 271-9480
    copyright@newegg.com

    The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Repeat Infringers

    It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

    Additional Policies

    1. Cell Phone and Rechargeable Battery Recycling Program

    Newegg has a system in place for the acceptance and collection of used cell phones and used rechargeable batteries for reuse, recycling or proper disposal. Please click here for information about that system and how you may be able to use that system, at no cost to you.

    2. Return Policy

    To learn about returns, please review our Return PolicyThe Return Policy is incorporated into these Terms in its entirety.

    Nothing in the Return Policy limits your rights and remedies under any law.

    3. Newegg Marketplace Guarantee

    When you purchase a Marketplace Item, we want you to be confident that you will receive the type of customer service you’ve come to expect from Newegg. With that in mind, we offer the Newegg Marketplace Guarantee for purchases of Marketplace Items. With the Newegg Marketplace Guarantee, if you meet certain requirements, you may be eligible for reimbursement of the purchase price for most Marketplace Items, up to $1,000.

    Please click here for more information about the Newegg Marketplace Guarantee.

    The Newegg Marketplace Guarantee is incorporated into these Terms in its entirety.

    Additional Terms

    1. Warranties; All Product Sold “AS-IS” or “With All Faults”

    NEWEGG IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY NEWEGG ARE NOT MANUFACTURED BY NEWEGG. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). THESE WARRANTIES, SERVICES, AND SUPPORT POLICIES ARE PROVIDED BY THIRD-PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. NEWEGG SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. NEWEGG ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.

    NEWEGG MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT.

    EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, NEWEGG DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW

    TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH NEWEGG ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR NEWEGG, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

    NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.

    2. Liability; Exclusions

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CIRCUMSTANCES NEWEGG’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. NEWEGG SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. NEWEGG SHALL NOT BE LIABLE FOR THIRD-PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT NEWEGG HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

    NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.

    3. Indemnification

    To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless Newegg, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.

    4. Governing Law and Jurisdiction

    To the fullest extent permitted by law, any dispute arising out of or related to these Terms or the sales transactions between Newegg and Customer shall be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and Newegg agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or Customer’s use of the Site shall be finally settled by binding arbitration in Los Angeles, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN NEWEGG AND CUSTOMER, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND NEWEGG AND CUSTOMER EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

    Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Newegg that is more than one year after the date of the applicable invoice.

    Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.

    5. Waiver

    The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

    6. Severability

    If any of these Terms is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

    7. Entire Agreement

    These Terms constitute the entire agreement between Newegg and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Newegg and Customer relating to the subject matter of any contract to the fullest extent permitted by law. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

    8. Children

    We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use Newegg with the involvement of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you and, if different, the recipient of the product, are of the required age necessary to buy that product.

    9. Newegg Contact Information

    We, along with our affiliates and subsidiaries, are Newegg. Our address is 9997 Rose Hills Road, Whittier, CA 90601. You can contact us by mail at the above address, by email at wecare@newegg.com or by telephone at 1 (800) 390-1119.

    Last Updated Date

    Updated on 4/11/19

Updated on May 15, 2019

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