Terms and Conditions

DYNABOOK AMERICAS ONLINE STORE TERMS OF USE

1. THIS SITE AND ALL INFORMATION OR MATERIALS FOUND ON THIS SITE AND ALL RELATED DOMAINS AND SUBDOMAINS (COLLECTIVELY, THE “SITE”), ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DYNABOOK AMERICAS, INC.  (“DYNABOOK AMERICAS”) HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AND DYNABOOK AMERICAS SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF INFORMATION OR INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE INFORMATION OR MATERIALS, EVEN IF DYNABOOK AMERICAS HAS BEEN ADVISED OF THE INTENDED USE OR OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DYNABOOK AMERICAS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS OR THE LIKE) OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY OR TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO A PORTION OF THIS EXCLUSION MAY NOT APPLY TO YOU.
   
   
2. These Terms of Use constitute the entire and exclusive agreement between you and Dynabook Americas concerning your use of this Site and supersedes any and all statements or other agreements, whether oral or written, between you and Dynabook Americas. These Terms of Use may not be altered, edited, supplemented or amended by you in any manner and any such alteration, edit, supplement or amendment shall be null and void, unless first agreed to by an authorized representative of Dynabook Americas in writing. These Terms of Use may be changed by Dynabook Americas at any time and in its sole discretion and shall be effective immediately upon posting such changes on this Site.

(a) Please be aware that (i) Dynabook Americas makes no representations about other websites, even those which can be accessed from the Site (“Linked Sites”), and (ii) other parties may appear to link to the Site but really do not have an active link to Dynabook Americas most current information. These Linked Sites are provided solely as a convenience to our visitors and for no other purpose. Such Linked Sites are not under Dynabook Americas control, and Dynabook Americas is not responsible for, does not endorse the content of, nor make any representations about such Linked Sites, including, but not limited to, any information or materials contained on such Linked Sites or the functionality, accuracy, substance or quality of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. (b) The Site could contain inaccuracies or typographical errors. Dynabook Americas does occasionally make changes in its products or the specifications for its products without notice. It is your responsibility to obtain the most up-to-date information available. (c) It is your responsibility to assure that any material is free from viruses, trojan horses, worms and other undesirable properties. If you believe that any are attributable to this Site, please immediately contact Dynabook Americas at DBA-Privacy@dynabook.com.

3. If Dynabook Americas issues a warranty for a product, that warranty is in writing and accompanies the product. No dealer, distributor, VAR or retailer is entitled to issue additional warranties on Dynabook Americas behalf. Only Dynabook Americas may amend, modify or change the Dynabook Americas product warranty.  If any warranty is made for software which accompanies a Dynabook Americas product that warranty is contained in the license agreement for that software.
   
   
4. Products and services available on this Site concern only those products and services that are distributed in the United States. Our Parent Company, Dynabook Inc., and its affiliates sell products in countries outside the United States. The products actually sold in any other country can differ from products which Dynabook Americas sells here in the United States.
   
   
5. At Dynabook Americas, we make every effort to maximize and maintain your privacy and security. Dynabook Americas Privacy Policy also governs your use of the Site and is incorporated by reference into these Terms of Use. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (i.e., credit card information) is encrypted. To the maximum extent allowable by law, Dynabook Americas will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
   
   
6. The trademark “Dynabook” and any trademarks, service marks, product names, service names or logos of Dynabook Americas used, quoted and/or referenced on the Site are trademarks, registered trademarks, or service marks of Dynabook Inc. or its affiliates. Other product names, service names, logos and/or company names used on the Site are the property of their respective holders and may be protected as their trademarks, registered trademarks, service marks and/or trade names. All of the material appearing on the Site is copyrighted and unauthorized use of any portion of our materials is protected by all relevant copyright laws. These materials may not be copied, modified, published, transmitted, distributed or otherwise made available or exploited without Dynabook Americas’ express written permission. By making them available, you have not been granted any license to utilize this intellectual property and any unauthorized use may subject you to prosecution under relevant copyright and trademark laws, privacy and publicity laws as well as civil and criminal statutes.
   
   
7. These Terms of Use and all purchases made hereunder shall be governed by and construed under the laws of the State of New York, without regard to conflict of laws rules. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OF USE OR YOUR ORDER.
   
   
8. Dynabook Americas waiver of any breach or right under these Terms of Use shall not be deemed a waiver of any other or subsequent breach or right. If any provision of these Terms of Use is found to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the original intent of the provision to the fullest extent permitted by law and the remaining provisions shall remain in full force and effect.
   
   
9. Dynabook Americas shall in no way be liable for any delay or failure in its performance to the extent such delay or failure is caused by or is a result of acts beyond the reasonable control of Dynabook Americas, including, but not limited to, acts of God, fire, flood, earthquake, accident, riot, war, government intervention, terrorism, embargoes, strikes, labor difficulties, equipment failures, pandemic, epidemic, or other similar or different contingencies to the extent, such contingencies are beyond the reasonable control of Dynabook Americas.
   
   

DYNABOOK AMERICAS ONLINE STORE TERMS AND CONDITIONS

Welcome to the Dynabook Americas Online Store, where you can purchase some of the latest Dynabook Americas laptop and laptop accessory products. The following Online  Terms and Conditions, together with the Terms of Use (collectively, the “Governing Terms”) govern your use of Dynabook Americas Online Store, as well as any purchase you make via the Dynabook Americas Online Store. By using and/or purchasing from the Dynabook Americas Online Store, you agree to be bound by the Governing Terms. If you do not agree to be bound by these Governing Terms, you are not permitted to use and/or make purchases from Dynabook Americas Online Store.

Notification of Changes

From time to time, Dynabook Americas may choose to change the Governing Terms. Dynabook Americas will notify you of material changes to the Governing Terms by posting the revised Governing Terms on the Site with an updated effective date. Dynabook Americas recommends that you check back on a periodic basis to review the then current Governing Terms. Any updates, revisions, supplements, modifications or amendments to the Governing Terms shall be effective immediately upon its posting via this Site and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made. You agree that you will continue to be bound by the Governing Terms, however and whenever it is updated, revised, supplemented, modified, or amended, if you continue to use this Site after the updates, revisions, supplements, modifications, or amendments have been posted.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DYNABOOK AMERICAS LIABILITY EXCEED THE TOTAL PRICE PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES PURCHASED FROM THE DYNABOOK AMERICAS  ONLINE STORE.

PRODUCTS AND SERVICES

Products sold through Dynabook Americas  Online Store are for business or consumer use only, not for resale, and are made for use in the continental United States. We are unable to process any orders that originate, bill outside of the continental United States and/or are for shipment outside of the continental United States. All software (including pre-loaded software contained in hardware) is provided subject to the applicable end-user license agreement. All prices are subject to change, in Dynabook Americas sole discretion, prior to our acceptance of your order. Dynabook Americas also may modify and/or discontinue products or services, or limit the quantities available for order, at any time and for any reason. Further, unless otherwise specified, Dynabook Americas products available for purchase on Dynabook Americas Online Store are new.

The products or services sold hereunder are not designed for any “critical applications.” “Critical applications” means life support systems, medical applications, human implantation, commercial aviation, nuclear facilities or systems or any other applications where product failure could lead to injury to persons or loss of life or catastrophic property damage.  Accordingly, Dynabook Americas disclaims any and all liability arising out of the use of the products or services in any critical applications.   

The Governing Terms involve products and/or technical data that may be controlled under the U.S. Export Administration Regulations, and may be subject to the approval of the U.S. Department of Commerce prior to export.  Any export, directly or indirectly, in contravention of the U.S. Export Administration Regulations is strictly prohibited.

ACCEPTANCE OF YOUR ORDER

Any and all orders placed via Dynabook Americas Online Store are subject to Dynabook Americas acceptance of your order, which shall be evidenced solely by shipment of your product(s). In the event only part of your order is shipped, such shipment shall constitute only partial acceptance of your order as to those particular items. If all ordered items are shipped, such shipment shall constitute full acceptance of your order. Notwithstanding anything to the contrary set forth herein, Dynabook Americas may, in its sole discretion, reject all or any part of your order. Your placement of an order constitutes consent to email notifications regarding your order. If Dynabook Americas declines your order, whether in full or in part, we will attempt to notify you via the e-mail address you have provided with your order. Under no circumstances shall Dynabook Americas be liable for any failure to notify you of our rejection of all or any part of your order.

TRACKING YOUR ORDER

Have you already placed an order? You should receive an email with tracking information or you can email Dynabook Americas at DBA-OrderSupport@dynabook.com for more information.

PAYMENT TERMS; PRICE CONFIRMATION

Products and services available on Dynabook Americas Online Store are priced in U.S. Dollars. You may pay for your order with any of the credit card or other payment options provided at check out. Your credit card or other payment option will be charged at the time your order is placed. Dynabook Americas payment terms are subject to change without notice in Dynabook Americas sole discretion. Quantities are subject to availability and Dynabook Americas reserves the right to limit the quantities of products available through Dynabook Americas Online Store. In the event of a shortage, Dynabook Americas may allocate sales and deliveries in its sole discretion.

SHIPPING, HANDLING/TITLE AND RETURN POLICY

Unless otherwise noted, posted product prices  include shipping and handling.  For more information regarding shipping, please refer to the Dynabook Americas Store’s shipping policy.

Shipping and related title transfer follow FOB origin terms. Title to software shall remain with the applicable licensor(s).

For information regarding returns, please refer to the Dynabook Americas Online Store’s Return Policy.

TAXES AND FEES

 Items ordered from the Dynabook Americas Online Store may be subject to tax in certain states, based on the state to which the order is shipped. If an item is subject to sales tax, in accordance with state tax laws, the tax is generally calculated on the total selling price of each individual item, including shipping and handling charges, and other service charges, less any applicable discounts. If tax is separately calculated and collected in connection with items ordered from Dynabook Americas Online Store, the tax amounts that appear during the ordering process are estimated. The actual taxes that will be charged to your credit card will be calculated at the time your order is processed and will appear in your order confirmation notification.

COUPONS, INSTANT REBATES,AND PROMOTIONS

If any purchase from the Dynabook Americas Online Store is subject to a coupon, instant rebate, or promotion, the stated terms shall govern the discount. If you return item(s), this may change or void discounts applied to your order. Coupons, rebates and promotions are not valid where prohibited by law.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Dynabook Americas Online Store may require you to open an account (including setting up an ID and password). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for the activity of users utilizing your username(s) and password(s), whether or not such transactions are in fact authorized by you. You agree to notify Dynabook Americas immediately of any unauthorized use of your account or password, or any other breach of security by emailing Dynabook Americas at DBA-OrderSupport@dynabook.com.

You are prohibited from using anyone else’s log-in credentials, password or account and Dynabook Americas reserves the right to cancel any order not made under your User ID, password or account. Dynabook Americas cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

HEADINGS

The section headings used herein are for convenience or reference only and in no way shall form a part of these Governing Terms or expand, limit, define, or interpret the scope of this agreement or any provision hereof.

 

These Governing Terms are effective as of February 3, 2025.