Terms of Service

WEBSITE USAGE: Please be aware that Mammoth Computers refuses to be held responsible for any damages whatsoever you may incur through the use of information on this site. We provide no warranty of any kind in association with this site, except for that granted to Mammoth Computers, LLC customers. Use of company or corporate names, symbols, trademarks, or logos of any kind other than those owned by Mammoth Computers, LLC is done strictly for informative purposes.

TERMS OF SALE: Unless you or your company has signed a contract or obligation with Mammoth Computers, LLC which grants credit or specific terms to you or your company, the following terms for all transactions with Mammoth Computers apply: all payment is due upon the receipt of goods or the time services are rendered -- no exceptions. Valid methods of payment are Visa, Mastercard, American Express, cash, or company check. No personal checks are accepted. If payment is not made in thirty (30) days from receipt of goods or the time service is rendered, the outstanding balance becomes subject to interest at a rate not to exceed 23% Annual Percentage Rate. In the event that the interest in the annual percentage rate charged is not greater than or equal to $5.00 per month, Mammoth Computers, LLC reserves the right to charge $5.00 per month as a minimum fee for all outstanding balances past due by more than thirty (30) days. Accounts more than ninety (90) days past due will be subject to collection by an outside agency, collection agency fees, and attorney's fees. There are no exceptions to these terms except those specifically granted in writing by Mammoth Computers, LLC. By conducting business with, purchasing goods from, or purchasing services from Mammoth Computers, LLC, you signify that these terms are acceptable to you and that you agree to abide by them in total. These terms are publicly posted in our place of business and are freely available in print to those who request copies. Please do not hesitate to contact our officers or members of record should you have any questions or doubts about these terms.

Entire Agreement. Any agreement for the purchase of goods and/or services from Mammoth Computers, LLC shall be governed by and is made subject to these Mammoth Computers, LLC Business Terms and the Returns Policies stated below (collectively, the "Agreement"). This Agreement constitutes the entire agreement between the parties relating to the products and services provided by Mammoth Computers, LLC to Customer. This Agreement may not be amended or modified except by a written instrument executed by the party against whom enforcement is sought, provided that Mammoth Computers, LLC may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised Agreement terms on its web site. Prices and availability are subject to change without notice.
Accuracy of Data. Mammoth Computers, LLC obtains certain data directly from the manufacturer or distributor of certain products. While Mammoth Computers, LLC makes every effort to ensure the accuracy of this data, this web site could include typographical errors and/or technical inaccuracies. Mammoth Computers, LLC reserves the right to make improvements and/or changes to such data and/or this web site at any time. Mammoth Computers, LLC makes no warranty of any kind with respect to the data on this web site or the accuracy of advice given by Mammoth Computers, LLC employees, whether or not such advice is made in writing.
Representations; Changes and Corrections. Photos may not represent actual product. Monitors and printers are not included with computer systems unless specified. Typographical, product description, pricing and other errors are subject to correction by Mammoth Computers, LLC even after orders and/or payment are accepted. Additionally, Mammoth Computers, LLC may make pricing changes needed to avoid material profit losses due to manufacturer price changes, changing market conditions or product discontinuation, even after orders and/or payment are accepted. Mammoth Computers, LLC may revise or rescind an order to correct an error or pricing issue not detected until after fulfillment of such order, and Customer may either accept Mammoth Computers, LLC's proposed revision to the order or rescind the order if such proposed revision is unacceptable. In the event an order is rescinded due to Mammoth Computers, LLC's error or pricing adjustment, Mammoth Computers, LLC will bear all shipping costs and Customer will receive a full refund for products returned in new condition. Although Internet orders generate an automatic confirmation and response e-mail, Mammoth Computers, LLC may change its pricing, product description or specification after any order confirmation or response e-mail but prior to shipment due to errors, changing market conditions, product discontinuation or typographical errors.
Customer's Responsibility for Certain Shipping Charges. If Customer requests shipping charges be paid either on a collect basis or on Customer's account with the shipping company, and Customer refuses the shipment or refuses to pay the applicable shipping charges, Mammoth Computers, LLC may bill Customer, and Customer agrees to pay Mammoth Computers, LLC, for all resulting charges incurred by Mammoth Computers, LLC either directly or through its supplier.
Delivery. All equipment will be delivered to Customer f.o.b. from Mammoth Computers, LLC's facility or the facilities of any of Mammoth Computers, LLC's vendors who are shipping directly to Customer. Regardless of the terms of shipment and who pays for freight, the risk of loss shall pass to Customer when the equipment is delivered to the transportation carrier, and Mammoth Computers, LLC is not responsible for any loss or damages to the equipment during shipment. Mammoth Computers, LLC strongly recommends that Customer obtain insurance for shipments, as neither Mammoth Computers, LLC nor its suppliers will insure such shipments. Mammoth Computers, LLC will use its best efforts to meet the delivery time stated but does not, under any circumstances, guarantee delivery by the stated time and is not responsible for any damages caused by the failure to meet the stated delivery time.
Implementation Plan. Any implementation dates contained in this Agreement reflect a tentative production schedule and will be confirmed in accordance with Customer's schedule, business needs and product availability. The implementation of any Customer-initiated changes to this Agreement could result in modifications to this Agreement, including pricing, implementation and production schedules. Any requests for modifications shall be subject to Mammoth Computers, LLC's acceptance, at prices and scheduling mutually agreeable to the parties.
Goods Purchased for Export. If goods herein being purchased are being purchased for purposes of export, Customer must obtain from the U.S. government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void.
Taxes. Customer will pay all Federal, state, local, excise and other taxes imposed upon the products and services offered hereunder, excluding the taxes based on Mammoth Computers, LLC's income, assets or net worth. Customer may provide Mammoth Computers, LLC a tax exemption certificate (subject to review and acceptance by Mammoth Computers, LLC's tax department). Any tax imposed by federal, state or other governmental authority on or with respect to the sale, purchase, delivery or use of equipment and services shall be paid by Customer.
Backup. Customer is responsible for back-up and other protection of its data against loss, damage or destruction. Mammoth Computers, LLC will have no obligation or liability with respect thereto unless caused by its gross negligence or intentional misconduct, which obligations will extend only to data not contained in archival storage, which amount Customer agrees will be no greater than one day's business activity.
Customer's Specifications. If any services, products or equipment provided under this Agreement are pursuant to or at the direction of Customer or contain software provided to Mammoth Computers, LLC by Customer, Customer agrees to indemnify and hold Mammoth Computers, LLC harmless from and against all liability, loss, damage and expense, including reasonable counsel fees, resulting from any claim by a third party of infringement, or any litigation based thereon, and such obligation shall survive payment therefore by the Customer. Mammoth Computers, LLC will rely on the specific instruction, information and/or other software provided by Customer. Mammoth Computers, LLC will not be responsible for delays or default in the failure of Customer to provide accurate instructions or information.
Licensing. Customer understands that for any and all software it authorizes Mammoth Computers, LLC to install on Customer machines on behalf of Customer, that Customer accepts responsibility for acquiring valid licenses for installed software products - whether installed as individual software products, part of a software image or any other method. Customer understands that installation of software products by Mammoth Computers, LLC does not constitute a right to use the software; a valid software license must be acquired for each product that is installed.
Limited Warranty. EQUIPMENT, PRODUCTS OR SERVICES PURCHASED BY CUSTOMER FROM MAMMOTH COMPUTERS, LLC THAT WERE MANUFACTURED, PRODUCED OR PROVIDED BY THIRD PARTIES ("THIRD PARTY PRODUCTS") ARE PROVIDED ON AN "AS IS" BASIS, AND MAMMOTH COMPUTERS, LLC MAKES NO WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS. If Customer discovers within the applicable warranty period a failure of the Third Party Products to substantially conform to the specifications or a defect in material or workmanship, Customer must promptly notify the manufacturer in writing. Customer will look solely to the third party that manufactured, produced or provided the Third Party Products for recovery on any claim of liability, whether express or implied, and will hold Mammoth Computers, LLC harmless therefrom. Mammoth Computers, LLC's sole responsibility with respect to Third Party Products shall be to pass through to Customer any manufacturer warranties of the Third Party Products. AS TO PRODUCTS PRODUCED AND SERVICES PROVIDED SOLELY BY MAMMOTH COMPUTERS, LLC ("MAMMOTH COMPUTERS, LLC PRODUCT"), MAMMOTH COMPUTERS, LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS TO THOSE WARRANTIES SPECIFICALLY SET FORTH IN THE SPECIFICATIONS OF THE MAMMOTH COMPUTERS, LLC PRODUCT WARRANTY, TYPICALLY TO BE FOUND AT HTTP://WWW.MAMMOTHCOMPUTERS.COM/WAR.HTML. IN SUMMARY: "If Mammoth Computers, LLC is unable to correct the failure to conform to any such warranty after a reasonable number of attempts, Mammoth Computers, LLC will provide at its option either: (a) replacement equipment, product or service, or (b) a refund of the purchase price. These remedies are Customer's exclusive remedies for breach of warranty on Mammoth Computers, LLC Products." Notwithstanding the foregoing, Mammoth Computers, LLC product codes beginning with "IVC" (Mammoth Computers, LLC Value Center) are sold "AS IS" as open box items, are not warranted by Mammoth Computers, LLC and are not returnable to Mammoth Computers, LLC for any reason. IVC PRODUCTS HAVE BEEN PREVIOUSLY OPENED AND/OR THE BOX HAS BEEN DAMAGED. IVC PRODUCTS ARE NEITHER OFFERED NOR SOLD AS "NEW" PRODUCTS. MANUFACTURER WARRANTY, IF ANY APPLIES, WILL PROVIDE SOLE COVERAGE FOR IVC PRODUCTS.

Any action for breach of warranty must be commenced within two months following expiration of the applicable warranty. Mammoth Computers, LLC does not guarantee product compatibility. Defective and DOA (dead on arrival) product must be reported to Customer Service within 21 calendar days of the invoice date. All order discrepancies (shortages, mislabeled product, damaged product or overages) must be reported to Customer Service within five business days after receipt of the shipment. All non-defective returns must be reported to Customer Service within five business days after receipt of the shipment. Not all products are eligible for return, and not all products that are eligible for return are to be returned to Mammoth Computers, LLC. Carefully review all return policies (below) before making your purchase. Shipping charges are not refundable.
Negation of Warranty. Mammoth Computers, LLC does not warrant (a) product, components or parts not produced by Mammoth Computers, LLC, (b) defects caused by failure to provide suitable installation or application environment for the equipment, (c) damage caused by use of the equipment for purposes other than those for which they were intended, (d) damage caused by disaster such as fire, flood, wind and lightning, (e) damage during shipment, (f) damage caused by unauthorized modification or improper installation of the equipment, or (g) any other abuse or misuse by Customer. No agent or employee of Mammoth Computers, LLC or any other party is authorized to make any warranty in addition to those made in this Agreement.
Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND MAMMOTH COMPUTERS, LLC HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. Except for loss, damage and expense caused by gross negligence or intentional misconduct, neither party shall be liable to the other party for any indirect, special or consequential damages (including loss of profits) arising out of this Agreement, regardless of the form of action or theory of relief. Any liability arising under this Agreement is limited to the total fees and authorized costs received by Mammoth Computers, LLC for services rendered pursuant to this Agreement. Further, no action, whether for indemnification or otherwise, regardless of form, arising out of the transactions under this Agreement, may be brought by either party more than one (1) year after the damage, loss or expense occurred, except that an action for non-payment may be brought within one (1) year after the date of last payment. Except as otherwise provided herein, Mammoth Computers, LLC is not liable for any claim made by a third party or made by Customer for a third party.
Termination. Mammoth Computers, LLC or Customer may terminate any order made pursuant to this Agreement with or without cause upon five (5) business days prior written notice to the other party. Termination shall not relieve Customer's duty to pay for equipment actually shipped, services actually performed or expenses incurred by Mammoth Computers, LLC pursuant to this Agreement.
Confidential and Trade Secret Information. Neither party to this Agreement will use or disclose to any third party any confidential or proprietary information of the other party, including but not limited to, trade secrets, software applications, technology, know-how, business practices, and pricing information and any and all other documents marked confidential or proprietary, without prior written consent of the discloser thereof. Mammoth Computers, LLC, at its election, may make available to Customer a customized website containing confidential Customer account information for the purpose of allowing Customer to purchase products and services for its own account (a "Custom Landing Page"). Customer will be responsible for providing, at its cost, all equipment necessary to gain access to the Custom Landing Page. The content and format of the Custom Landing Page are subject to change at any time and without prior notice. Such content and format changes may include, but are not limited to, changes in screens, changes in search process, changes in information provided by third parties and changes in format of the information displayed. Access to the Custom Landing Page is subject to interruptions at Mammoth Computers, LLC's discretion or as may be caused by communications carriers or other third parties. Entry on to and use of the Custom Landing Page is through a combination of an ID and a password, which will not be effective until activated by Mammoth Computers, LLC. Customer agrees that the information displayed on the Custom Landing Page is confidential and agrees to keep its ID and password confidential, to restrict disclosure to those of its employees with a need to know the ID and password (authorized parties), not to permit or accept any benefit or information from access to the Custom Landing Page by unauthorized parties and to report immediately to Mammoth Computers, LLC any loss, theft or unauthorized disclosure or use of its ID and password. Unless and until Mammoth Computers, LLC receives notification in writing of a breach of security, Customer will remain liable for any unauthorized use of the Custom Landing Page using Customer's ID and password. Unauthorized access to the Custom Landing Page is a breach of this Agreement and may be a violation of local, state and federal law. Mammoth Computers, LLC will have the right to deny access to the Custom Landing Page, to cease provision of any Custom Landing Page or to terminate this Agreement, at Mammoth Computers, LLC's option, immediately and at any time for a breach of this Agreement by Customer, including, but not limited to, security breaches and disclosure of confidential or proprietary information.
Intellectual Property Rights. Mammoth Computers, LLC shall own all right, title and interest in any preexisting intellectual property used in carrying out the services hereunder or developed or created solely by Mammoth Computers, LLC, even if such intellectual property is developed solely to implement the services hereunder. No license to such Mammoth Computers, LLC intellectual property is granted hereunder. For the avoidance of doubt, Mammoth Computers, LLC shall own all right, title and interest in the diagnostic materials and maintenance tools used or furnished by Mammoth Computers, LLC.
Non-Solicitation and Non-Hire. Both parties agree that during the time that Mammoth Computers, LLC is rendering services under the terms of this Agreement and for a one-year period following the cessation of such services, neither party will, directly or indirectly, solicit for hire, or hire, any current or former employee or consultant employed by or hired by the other party.
Nature of Relationship. Mammoth Computers, LLC is acting as an independent contractor to Customer. No personnel employed or engaged by Mammoth Computers, LLC to perform the services for Customer will be considered Customer's employees, agents, partners, joint venture partners, or franchisor. Each party to this Agreement agrees to comply with all applicable laws, rules, and ordinances.
Governing Law and Venue. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF LOUISIANA WITHOUT GIVING EFFECT TO ANY CHOICE-OF-LAW RULES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. ANY ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISIONS OF, OR BASED ON ANY SUIT ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT AGAINST ANY OF THE PARTIES IN A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, CUSTOMER HEREBY AGREES THAT MAMMOTH COMPUTERS, LLC MAY BRING ANY ACTION, PROCEEDING OR SUIT RESULTING FROM CUSTOMER'S NON-PAYMENT IN THE COURTS LOCATED IN LAFAYETTE PARISH, LOUISIANA, AND CUSTOMER HEREBY CONSENTS TO SUCH COURTS' JURISDICTION.
Other. The terms, conditions and prices contained in any quote from Mammoth Computers, LLC are subject to change until such time as Customer accepts the quote, furnishes payment or an obligation to pay that is satisfactory to Mammoth Computers, LLC's Credit Department, and thereby converts or directs the conversion of the quote to an order. Mammoth Computers, LLC shall have no obligation to honor any quotes until they are so accepted and converted. Travel expenses, sales tax and freight and delivery are not included in this Agreement and, where applicable to services and products purchased by Customer hereunder, will be the responsibility of the Customer. This Agreement is subject to credit approval by Mammoth Computers, LLC. The Customer will provide appropriate credit references upon request and authorize to obtain credit history from such references. If Customer claims exemption from sales tax, an exemption certificate will be provided to Mammoth Computers, LLC prior to conversion of any order to which such exemption applies.

Copyrights and Trademarks
Copyright 1999-2010 Mammoth Computers, LLC and subsidiaries. All rights reserved. All trade names and trademarks are the properties of their respective owners. The Intel Inside Logo, Intel, Pentium, and OverDrive are trademarks or registered trademarks of Intel Corporation.

Mammoth Computers, LLC Return Policies (last revised January 13, 2005):

PLEASE NOTE: The return policies below are subject to change based on manufacturer requirements. In addition, we reserve the right to reject any returns that a manufacturer will not accept. In the United States, you can obtain a complete copy of any written manufacturer warranty for a product sold by Mammoth Computers, LLC free of charge by emailing Mammoth Computers, LLC at vendor@mammothcomputers.com.

· Defective and DOA (dead on arrival) product returns. With some exceptions, you must report defective or DOA products to Customer Service within 21 calendar days of the invoice date to avoid being charged a restocking fee. Please see the "EXCEPTIONS" section below for exceptions to this policy.

· Non-defective product returns. You must report any of the following issues with your products to Customer Service within five business days of the invoice date: shortages, mislabeled product, physically damaged product or overages.

· No returns will be accepted without our prior authorization and an Mammoth Computers, LLC return merchandise authorization ("RMA") number. RMA numbers issued by Mammoth Computers, LLC are good for 10 business days only, and product must be received by the appropriate warehouse within that time. RMA numbers cannot be extended or re-issued. Clearly mark each address label of each package being returned with the RMA number. DO NOT WRITE ON THE MANUFACTURER'S BOX.

· Shipping charges for shipments to you are not refundable. You are also responsible for shipping charges and the risk of loss on all return shipments. We highly recommend using a reputable shipping carrier that will properly pack, fully insure your return shipment, and provide you with proof of delivery. Please keep all packing material and shipping documentation to facilitate the service or return of your products.

· All product returns must include all of the product shipped to you, all original boxes, packing and shipping materials, original UPC codes on the manufacturer's boxes, and all blank warranty cards, accessories and documentation provided by the manufacturer. Incomplete returns may be returned to you or subject to a restocking fee of at least 20%, depending on the condition of the return.

· Please note any and all additional return conditions applicable to your returns that are described below. In addition, we reserve the right to add additional or special return conditions for all manufacturers, including manufacturers listed below and other manufacturers not listed below.

Under no circumstances can the following products be returned:

Discontinued items
Special order items
Literature
Items for which manufacturers will not accept returns
Items not purchased through Mammoth Computers, LLC
Products modified by the Configuration Center
Customer warehousing product
Items which have undergone revisions without being assigned a new part number by the manufacturer
Spare Parts material

EXCEPTIONS to the return policy set forth above:
ADDITIONAL RETURNS CONDITIONS APPLICABLE TO ALL SOFTWARE:

· Opened software returns. You may not return opened software to us.

· Unopened software returns. You must return unopened software to us within 5 calendar days of your invoice date. You will get a full refund and will not be charged a restocking fee.

· Multiple software license (MLP's, MOLP's, MSOL's, etc.) returns. You may not return multiple software licenses, unless the manufacturer of the software authorizes the return first. You will get a refund based on the refund amount approved by the manufacturer.

ADDITIONAL RETURNS CONDITIONS APPLICABLE TO CERTAIN HP PRINTERS:

· Model 9xxx and 8xxx printers and MFP, 41xx MFP printer returns. There printers are part of the HP "on-site repair" program and, therefore, are not returnable to Mammoth Computers, LLC. You must contact the HP CCC (Customer Care Center) at 208.323.2551 for any issues you may have with these printers.

ADDITIONAL RETURNS CONDITIONS APPLICABLE TO ALL HARDWARE PRODUCTS THAT ARE NOT SPECIFICALLY ADDRESSED BELOW:

· Unopened product returns. You may return products in their original factory-sealed container to Mammoth Computers, LLC within five business days from the invoice date for a full refund. If the product or any of the product parts, components or accompanying items have been used or are missing or damaged, we may reject the return or charge you an additional restocking fee, in our sole discretion.

ADDITIONAL MANUFACTURER-SPECIFIC HARDWARE RETURNS CONDITIONS: Additional returns conditions applicable to all IBM and HP products:

· IBM and HP product returns. You may not return IBM and HP products to Mammoth Computers, LLC. If an IBM or HP product arrives DOA (dead on arrival), or if any IBM or HP product or part is defective, you must contact these manufacturers directly for service. Due to IBM and HP policies, Mammoth Computers, LLC cannot accept these returns for service or exchange.
You may contact IBM at 1-800-426-7378. You may contact HP at 1-800-474-6836.

Additional returns conditions applicable to all Xerox products:

· Xerox product returns. Due to Xerox policies, you may not return opened Xerox products to Mammoth Computers, LLC. You may return Xerox product that is in its original factory-sealed container to Mammoth Computers, LLC, as long as you return the original factory-sealed container within five business days from the invoice date, and you will receive a full refund.

· Xerox DOA or defective product returns. You must contact Xerox directly at 1-800-835-6100 for service or exchange on any Xerox products that arrive DOA or are defective. Due to Xerox policies, you may not return defective or DOA Xerox products to us for service or exchange.

Additional returns conditions applicable to all Sun products:

· Sun product returns. Due to Sun policies, you may only return Sun products that are still in their unopened original factory-sealed container

· Sun DOA or defective product returns. Due to Sun policies, you may not return defective or DOA Sun products to Mammoth Computers, LLC. You must contact Sun directly at -800-872-4786 for any issues you have with defective or DOA Sun products.

Additional returns conditions applicable to Belkin "A" parts:

· Belkin "A" product returns. Belkin "A" parts are custom build-to-order parts. Due to policies of Belkin, you may not return any Belkin "A" parts.

Additional returns conditions applicable to electonics products:

· Televisions, DVD Players and VCRs are not returnable to Mammoth Computers, LLC. Clients need to contact the manufacturer directly for any returns or repair issues.

Additional return conditions applicable to "Special Pricing" products: Special Pricing product returns. You may not return any Special Pricing products.