Terms and Conditions
These terms and conditions (these “Terms”) govern your use of any website or mobile application owned or operated by Eagle Maintenance & Services, its subsidiaries and affiliates, including Eagle Maintenance & Services websites around the world (collectively, the “Site”) where these Terms appear or are linked. These Terms are subject to change by Eagle Maintenance & Services, 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.
Additional terms and conditions may apply to some products and services or services offered by Eagle Maintenance & Services and to the use of the Site and to specific portions or features on the Site, including, but not limited to, promotional offers, 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 govern your use of the Site and our services.
Please read these Terms carefully before using the Site. If at any time you do not agree with any of these Terms, you must immediately stop using the Site.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW AND JURISDICTION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND Eagle Maintenance & Services WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Index:
About us
Use of the Site
Posting content on the Site
Registering for an account
Placing an order
Products and Services
Programs
Gift cards
Promotions
Content on the Site
Reporting claims of infringement of intellectual property rights
Incorporated policies
General terms
1. About us
We, along with our affiliates and subsidiaries, are Eagle Maintenance & Services. You can contact us by email at admin@emsusa.biz or by telephone at 1 (386) 566-1312.
2. Use of 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 Eagle Maintenance & Services may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to Eagle Maintenance & Services 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 Eagle Maintenance & Services, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Eagle Maintenance & Services;
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;
“Scrape”, duplicate, reproduce, copy, republish, license, sell, trade or resell the Site for any purpose;
Divert or attempt to divert Eagle Maintenance & Services customers to another website, mobile application, or service;
Send unsolicited or unauthorized emails on behalf of Eagle Maintenance & Services, including promotions and/or advertising of products and services 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 email 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.
Eagle Maintenance & Services reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. Eagle Maintenance & Services 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. Eagle Maintenance & Services 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.
3. Registering for an account
To register for a Eagle Maintenance & Services 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. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. In the event your password is lost or stolen it is your responsibility to notify Eagle Maintenance & Services at the address listed in the “Contact Us” section.
Eagle Maintenance & Services may, in its sole discretion, at any time, for any reason, deactivate, block, or freeze your account.
4. Placing an order
4.1. Orders
Your order is an offer to Eagle Maintenance & Services to buy the product(s) and services listed in your order along with a order number. When you place an order to purchase a product and/or service from Eagle Maintenance & Services, we will send you an email 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 Eagle Maintenance & Services' acceptance of your order or Eagle Maintenance & Services' confirmation of our offer to sell. An order is not binding upon Eagle Maintenance & Services until it is accepted; Eagle Maintenance & Services must receive payment before it will accept an order. Eagle Maintenance & Services may, in its sole discretion, cancel your order and limit order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If however, your order is limited or canceled after your credit card has been charged for the purchase, Eagle Maintenance & Services will issue a credit to your credit card account in the amount of the charge.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the “your account” area of the Site.
4.2. Payment
In order to place an order with Eagle Maintenance & Services, 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 Eagle Maintenance & Services that the credit card information or other payment method information you provide to Eagle Maintenance & Services 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 U.S. payment methods, please click here. Depending on your location, we may accept any of the following payment methods:
Visa
MasterCard
American Express
Discover
PayPal
Eagle Maintenance & Services Gift Card
MasterPass
Amex Express Checkout
Bitcoin
Android Pay
Apple Pay
4.3. Taxes
Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into Alabama, California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wisconsin and Wyoming will be charged applicable sales tax according to your area’s tax rate. Please note that the sales tax for New Jersey and Tennessee orders is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.
If you are a resident of Oklahoma, please click here for important sales and use tax information.
Sales taxes can change, and we will use commercially reasonable efforts to keep this list current.
4.4. Tax exemption
If you are a tax-exempt organization or reseller, you can apply for tax exemption on your Eagle Maintenance & Services orders. To learn about tax exemptions, please click here.
4.5. Customs, duties & taxes
When ordering products and services from Eagle Maintenance & Services 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 Eagle Maintenance & Services, 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 and services. Your privacy is important to us and we would like our customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
4.6. Order processing
4.6.1. Order status
Eagle Maintenance & Services will keep you informed of your order status via email. All tracking and appointment information will be emailed to your Eagle Maintenance & Services ID 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.
4.7. Canceling orders
You may cancel your order for a product at no cost any time before the order has been processed and shipped, provided Eagle Maintenance & Services has sufficient time to cancel the order.
Nothing in this section limits your rights to cancel your order under any law.
4.8. Eagle Maintenance & Services 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 Eagle Maintenance & Services. With that in mind, we offer the Eagle Maintenance & Services Marketplace Guarantee for purchases of Marketplace Items. With the Eagle Maintenance & Services 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 Eagle Maintenance & Services Marketplace Guarantee. The Eagle Maintenance & Services Marketplace Guarantee is incorporated into these Terms in its entirety.
5. Products and Services
5.1. Products and Services
Unless expressly indicated otherwise, Eagle Maintenance & Services is not the manufacturer of the products and services 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 and services on the Site is provided for information purposes only, and Eagle Maintenance & Services 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 and services, 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 and services are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.
TO THE FULLEST EXTENT PERMITTED BY LAW, Eagle Maintenance & Services 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.
6.1. Product testing
Eagle Maintenance & Services, like other e-retailers, ships items in the condition they were received from the original manufacturer/distributor. Eagle Maintenance & Services 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.
6.2. Technical support
Eagle Maintenance & Services 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 Eagle Maintenance & Services.
Marketplace: If you need technical support fora Marketplace Item, please direct your requests for technical assistance to the applicable 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.
6.3. Product-specific policies
6.3.1 “Must Be Purchased with Hardware”
The “must be purchased with hardware” precept is mandated by the software publisher. In accordance, Eagle Maintenance & Services 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.
6.3.2 Buyers of optional service plans, warranties, and protection plans
If you purchase certain products and services through the Site, you may be able to purchase an optional service plan, warranty, or protection plan (the “Plans”) for the product. The Plans are provided by third-party service providers and may have their own set of terms and conditions. If applicable, the details of the Plans will be available to you at the point of purchase. You should carefully review the applicable terms and conditions for the Plans before you purchase any of the Plans.
You authorize Eagle Maintenance & Services to initiate a charge to the credit card or other payment method that was used to purchase the equipment in the amount of $250.00, the equipment discount, if it is due.
7. Programs
7.1. Eagle Maintenance & Services' Premiere Membership
To learn about Eagle Maintenance & Services' Premiere Membership, please click here. The Eagle Maintenance & Services Premiere Membership Terms and Conditions is incorporated into these Terms in its entirety.
7.2. Eagle Maintenance & Services' Subscription Program
To learn about Eagle Maintenance & Services' Subscription Program, please click here. The Eagle Maintenance & Services Subscription Program Terms and Conditions is incorporated into these Terms in its entirety.
7.3. Eagle Maintenance & Services' Trade-In Program
To learn about Eagle Maintenance & Services' Trade-In Program, please click here. The Eagle Maintenance & Services Trade-In Program Terms and Conditions is incorporated into these Terms in its entirety.
7.4. Eagle Maintenance & Services Points and Rewards Program
To learn about Eagle Maintenance & Services' Points and Rewards Program, please click here. The Eagle Maintenance & Services Points and Rewards Program Terms and Conditions is incorporated into these Terms in its entirety.
7.5. Reseller/Discount Program
Unfortunately, we do not currently have a reseller or discount program available at this time. Eagle Maintenance & Services 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 post them on the Site for you to take advantage.
8. Eagle Maintenance & Services Gift Cards, Eagle Maintenance & Services Promotional Gift Cards, Eagle Maintenance & Services Store Credit Gift Cards, and Eagle Maintenance & Services Customer Care Gift Cards
To learn about Eagle Maintenance & Services Gift Cards, Eagle Maintenance & Services Promotional Gift Cards, Eagle Maintenance & Services Store Credit Gift Cards, and Eagle Maintenance & Services Customer Care Gift Cards, please click here for the Terms and Conditions for Eagle Maintenance & Services Gift Cards, Eagle Maintenance & Services Promotional Gift Cards, Eagle Maintenance & Services Store Credit Gift Cards, and Eagle Maintenance & Services Customer Care Gift Cards. The Terms and Conditions for Eagle Maintenance & Services Gift Cards, Eagle Maintenance & Services Promotional Gift Cards, Eagle Maintenance & Services Store Credit Gift Cards, and Eagle Maintenance & Services Customer Care Gift Cards is incorporated into these Terms in its entirety.
9. Promotions
Promotional offers, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, and etc. (collectively, “Promotions”) are subject to change without notice. In addition, Eagle Maintenance & Services reserves the right to modify or cancel Promotions at any time, for any reason, and without notice, but will honor orders already placed.
To learn about Promotions, please click here for the Promotions Policy. The Promotions Policy is incorporated into these Terms in its entirety.
10. Content on the Site
10.1. 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 Eagle Maintenance & Services, its suppliers, licensors, or other providers of such material and is protected United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Eagle Maintenance & Services 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.
The Eagle Maintenance & Services name, logos, service names, designs, and slogans are trademarks of Eagle Maintenance & Services. You must not use such marks without the prior written permission of Eagle Maintenance & Services. 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 Eagle Maintenance & Services.
10.2. 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 Eagle Maintenance & Services 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 catalogue 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.
Eagle Maintenance & Services may limit the number of products and services available for purchase. Eagle Maintenance & Services may, in its sole discretion, at any time, for any reason, change the quantities available for purchase.
We list availability information for products and services 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 email as soon as possible if any products and services you order turns out to be unavailable. Eagle Maintenance & Services 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, Eagle Maintenance & Services will issue a credit to your credit card account in the amount of the charge.
10.3. Product listings
Prices and availability of products and services are subject to change without notice. Any changes to Eagle Maintenance & Services-controlled prices, specifications and terms will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. Eagle Maintenance & Services strives for accuracy in all item descriptions, photographs 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 error, we cannot and do not guarantee that all information, including descriptions, photographs 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. Eagle Maintenance & Services 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, Eagle Maintenance & Services 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, Eagle Maintenance & Services will issue a credit to your credit card account in the amount of the charge. Additionally, all hyperlinks to other websites from Eagle Maintenance & Services are provided as resources to customers looking for additional information and/or professional opinion. Eagle Maintenance & Services does not assume responsibility for the claims and/or representations made on these or any other websites.
Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.
10.4. Product revisions
Eagle Maintenance & Services IS NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS AND/OR PHYSICAL APPEARANCE. In the interest of our customers, Eagle Maintenance & Services puts forth commercially reasonable 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. Eagle Maintenance & Services 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, Eagle Maintenance & Services WILL NOT BE HELD RESPONSIBLE FOR PRODUCT REVISION CHANGES.
10.5. Links
All links to other websites from Eagle Maintenance & Services are provided as resources to customers looking for additional information and/or professional opinion. To the fullest extent permitted by law, Eagle Maintenance & Services 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.
10.6. Product Tour
The product resources offered in Product Tour are provided courtesy of their respective developers. As such, to the fullest extent permitted by law, Eagle Maintenance & Services 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 Eagle Maintenance & Services AS A SUPPLEMENTARY SERVICE TO YOU, THE USER. We offer these resources to you strictly for informative purposes as they may lend insight into products and services you are interested in and clarify any associated benefits.
11. Reporting claims of infringement of intellectual property rights
11.1. Notices of copyright infringement
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Eagle Maintenance & Services infringe your copyright, you may request removal of those materials (or access to them) from Eagle Maintenance & Services 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:
A physical or electronic signature of the copyright owner or a person who is authorized to act on behalf of the copyright owner;
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 that the information is accurate, and 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
Eagle Maintenance & Services Legal Department
17560 Rowland Street
City of Industry, CA 91748
Phone: (626) 271-9700
Fax: (626) 271-9480
copyright@Eagle Maintenance & Services.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 Eagle Maintenance & Services 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 Eagle Maintenance & Services may be found) and that you will accept service from the person (or an agent of that person) who provided Eagle Maintenance & Services with the complaint at issue.
Completed Counter-Notices should be sent to:
Copyright Agent
Eagle Maintenance & Services Legal Department
17560 Rowland Street
City of Industry, CA 91748
Phone: (626) 271-9700
Fax: (626) 271-9480
copyright@Eagle Maintenance & Services.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.
11.2. Notices of trademark Infringement
In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to Eagle Maintenance & Services:
A physical or electronic signature of the trademark owner or a person who is authorized to act on behalf of the trademark owner;
Identification of the trademark, service mark, and/or trade dress 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 the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
Notices of trademark infringement should be sent to:
Eagle Maintenance & Services Legal Department
17560 Rowland Street
City of Industry, CA 91748
Phone: (626) 271-9700
Fax: (626) 271-9480
trademarks@Eagle Maintenance & Services.com
11.3. Notices of Infringement of other intellectual property rights
In order to remove infringing content, please send a notice of infringement containing the following information to Eagle Maintenance & Services:
A physical or electronic signature of the owner of the other intellectual property right or a person who is authorized to act on behalf of the owner of the intellectual property right;
Identification of the other intellectual property right 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 the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
Notices of infringement of other intellectual property rights should be sent to:
Eagle Maintenance & Services Legal Department
17560 Rowland Street
City of Industry, CA 91748
Phone: (626) 271-9700
Fax: (626) 271-9480
infringement@Eagle Maintenance & Services.com
11.4. Repeat infringers
Eagle Maintenance & Services takes the protection of intellectual property rights very seriously. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
12. Incorporated policies
The following policies and terms and conditions have been incorporated into these Terms:
13. General terms
13.1. Electronic Waste Recycling Act
The Electronic Waste Recycling Act (“Act”) became law in California on January 1, 2005. The primary objective of this law is to initiate a recycling program for computer products and services containing chemicals deemed hazardous to the environment. To fund this program, California requires retailers and e-tailers to collect, on the state’s behalf, a fee for each product covered by this law. The fee is paid by the consumer at the time of purchase of the covered product. This fee will be remitted directly to the state by and only applies to orders shipped within California.
The types of products and services that we are required to collect this recycling fee include cathode ray tubes, cathode ray tube devices, flat panel screens, and other similar video display devices. The actual amount of the recycling fee will vary, based on the screen size of the product when measured diagonally, as follows:
Greater than 4″ and less than 15″ — $5.00
Greater than or equal to 15″ and less than 35″ — $6.00
Greater than or equal to 35″ — $7.00
For more information concerning the scope and details of the Act, please refer to the California Department of Resources Recycling and Recovery’s website or to the Department of Toxic Substances Control’s website.
13.2. Unauthorized charges
Fair Credit Billing Act: You will pay nothing if unauthorized charges are made to your card as a result of shopping at our online store, subject to the terms of this paragraph. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges if you promptly report the unauthorized charge. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
13.3. Recordings
Eagle Maintenance & Services does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with Eagle Maintenance & Services unless you have provided clear and conspicuous notice to Eagle Maintenance & Services and have received prior written consent from Eagle Maintenance & Services.
13.4. Your indemnification
To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless Eagle Maintenance & Services, 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.
13.5. Warranties; All product sold “AS-IS” or “With All Faults”
Eagle Maintenance & Services IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY Eagle Maintenance & Services ARE NOT MANUFACTURED BY Eagle Maintenance & Services. 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. Eagle Maintenance & Services SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. Eagle Maintenance & Services ASSIGNS AND PASSES THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER, AND YOU ACKNOWLEDGE THAT YOU SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.
Eagle Maintenance & Services MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH Eagle Maintenance & Services 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 Eagle Maintenance & Services, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, Eagle Maintenance & Services 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.
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.
13.6. Liability; Exclusions
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW.
SUBJECT TO THE PRECEDING PARAGRAPH, Eagle Maintenance & Services SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY Eagle Maintenance & Services AT THE TIME OF ENTERING INTO THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 13.6, IN ALL CIRCUMSTANCES Eagle Maintenance & Services' MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD TO WHICH YOUR CLAIM RELATES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of this section do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Eagle Maintenance & Services reserves all rights, defenses and permissible limitations under the law of your State of residence.
13.7. Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms or the sales transactions between you and Eagle Maintenance & Services 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, you and Eagle Maintenance & Services agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Los Angeles, California or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
You may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Eagle Maintenance & Services. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to Eagle Maintenance & Services at 17560 Rowland St., City of Industry, California 91748 to the attention of Eagle Maintenance & Services Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with Eagle Maintenance & Services.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND Eagle Maintenance & Services, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND Eagle Maintenance & Services EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Eagle Maintenance & Services that is more than one year after the date of the applicable invoice.
Eagle Maintenance & Services is not authorized to do business in every jurisdiction. Information published on the Site may contain references or cross-references to goods or services that are not available in your state or country.
13.8. 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.
13.9. Severability
If any provision contained in 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.
13.10. Third Party Rights
These Terms are between you and us. No other person shall have any rights to enforce any of its terms with the exception of manufacturers and Marketplace Sellers referred to in the Terms – such manufacturers and Marketplace Sellers will only have right to enforce any terms against you (and not against Eagle Maintenance & Services), including any limitation or exclusion of liability in favor of Eagle Maintenance & Services under these Terms.
Notwithstanding the preceding paragraph of this section 13.10, neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
13.11. Entire Agreement
These Terms, together with Eagle Maintenance & Services' invoice regarding the products and services and/or services ordered by you, constitute the entire agreement between Eagle Maintenance & Services and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Eagle Maintenance & Services and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
13.12. Children
We do not sell products and services for purchase by children. We sell children’s products and services for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use Eagle Maintenance & Services 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.