MEMBERSHIP AGREEMENT

Welcome to AtoZatcost.com.  This Member Agreement and future additions/amendments thereto sets forth the terms and conditions under which Member may join AtoZatcost.com and make purchases therefrom.  By clicking, the "I Accept" button at the end of this Agreement, Member accepts the terms and conditions as set forth herein.  Member further agrees that this Agreement may be automatically augmented/amended by AtoZatcost by sending Member the amended terms at the e-mail address Member have provided to Company in this registration.  All additions/amendments will be effective and acceptable to Member upon sending of same Member’s e-mail address provided to Company when Member registered. 

DEFINITIONS

1.  COST:                    Price on invoice as paid by company plus the expense of shipment to Company’s facility.

                                    Note: Cost sales may not constitute lowest prices within the industry.

2.  COMPANY:            AtoZatcost,  AtoZatcost.com, The April Fool’s, Inc., Company, or Us.

3.  MEMBER:              Member, Consumer, Customer, Registrant, or You.

4.  THIRD PARTY:            A party not a part of this Agreement between Company and Member.

5.  PRODUCT(S):            All items distributed through Company.

TERMS AND CONDITIONS OF SALES

PARTIES:

The April Fools, Inc. t/a AtoZatcost.com or A2Zatcost.com or any of its subsidiaries, heirs and/or assigns (hereinafter "Company") and Consumer and/or customer and/or you (hereinafter "Member") agree that all transactions between Company and Member shall be governed pursuant to the terms set forth herein.  Company expressly accepts the terms herein by posting these terms on their e-commerce site and Member expressly shall agree to these terms herein by accepting the terms at the end of the agreement by clicking the “I Accept” button. 

MEMBERSHIP REQUIREMENT

1.         All Members and/or prospective Members must register with Company in order to be able to place orders, make purchases with respect to Company's Internet e-commerce site.  All Members must be at least eighteen years or older to make any purchases from this site or must have the permission of a legal guardian.  It is further agreed and understood that the information obtained in the membership form/application shall require sufficient information to determine that such member is either old enough to place purchases upon this site or alternatively has the permission of an appropriate legal guardian.

2.            Member may not transfer or share membership with anyone.  Member may not disclose Membership password to any third parties.  Member further agrees to indemnify and hold Company harmless for any damages resulting from such unauthorized third party usage of Member’s password. 

Members continued compliance with the terms and conditions of this Agreement and of sale are necessary for continued active membership status.  Company reserves the right to reject or terminate any membership for failure to comply with the terms and conditions of sale as well as this Agreement.  Failure to verify or authenticate information of Member’s password constitutes a breach of this Agreement. 

Member’s continued compliance with the terms and conditions of this Agreement and of the terms of sale shall be necessary for continued active membership status.  Company reserves the right to reject or terminate any membership for failure to comply with the terms and conditions of sale as well as this Agreement.  Failure to verify or authenticate information provided by Member shall further be considered a breach of this Agreement and grounds for termination of membership status.

3.            Member(s) are solely responsible for their content, and Company acts as a passive conduit for online distribution and publication.  However, Company reserves the right to take any action with respect to Member’s content if it may create liability for Company or may cause Company to lose their services of Company’s ISPs or other suppliers, or if Company deems it to be inappropriate.

4.         The content Member distributes or requests to receive (directly or indirectly) through the Membership and Member’s Name; (a) shall not infringe any third party’s copyright, patent, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or trade libelous; (d) shall not be indecent, obscene or pornographic; (e) shall not contain viruses, trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

5.            Member hereby grants to Company a worldwide, perpetual, irrevocable, royalty-free, sublicense (through multiple tiers) right to exercise all rights under copyright, publicity and related rights, in any media now known or not currently known, with respect to any content Member provides to Company in any public space on Company’s Network.

6.            AtoZatCost.com reserves the right to refuse any order.
We also reserve the right to ask for additional information either pertaining to your order, credit card information, shipping/billing information, or any other information which will help us process your order and/or with the intent of reducing fraud.

7.          A Member can order a maximum of 5 items per order, a limit of 2 items of the same kind  and only one order per week. Special requests can be made by calling/emailing us. We will consider each request on a case by case basis.

8.            Membership fees are non-refundable.

PRIVACY POLICY

Company has taken all necessary precautions to ensure that all information obtained herein shall remain private and such information shall only be used for lawful and business purposes through Company's e-commerce site.  Nevertheless, information may be transmitted through an unsecured conduit.  Member acknowledges and agrees that Member is aware of this and notwithstanding same, agrees to this Agreement.  

SALES & RETURN POLICY

1.         This policy may not be altered or amended in any manner.  By accepting the delivery of goods purchased, the member acknowledges and agrees to abide by the terms and conditions contained in this Agreement.

2.            Company offers 30-day EXCHANGE ONLY warranty on all computer products. Items may be exchanged for the same product if such product is defective.  Therefore, absolutely no exchanges may be obtained after 30 days of purchase and invoice date.  All perishables, fragrances, beauty products, Vitamins, Gift Items, Books and special order sales are final.  All other products not mentioned in this contract are sold “AS IS” and do not carry any warranties.  There are NO returns available on CPUs and Memory Modules unless they are  defective and then they may only be exchanged for the same product, if found defective by us.

3.         All computer products to be returned must be within 30 days from the invoice date, one hundred percent (100%) complete and as sent, in re-sellable condition, and must include original packing material, manuals, blank warranty cards and other accessories provided.  All service part sales are final and non-returnable.  Products that are returned for replacement and are not defective, are subject to a 15% restocking fee.  All non-products related fees (e.g.: shipping, handling, insurance and transaction) are non-refundable.

4.         All warranties will be void if products are found to be abused, mishandled, and have modified or altered labels.  In addition, Company is not obligated for replacement or refunding for any physical damages or natural disasters resulting in loss or damage to a product. 

5.            Shipping, handling and insurance charges are additional and non-refundable.

6.         Prices, availability and specifications are subjected to change without notice.  Prices do not include shipping and applicable taxes.  Company cannot be and does not warrant availability of products if there is a limited supply of product quantities.  List price refers to manufacturers’ suggested retail price and may be different than actual selling prices in Member’s area.  Company is not responsible for any typographical, photographic or technical errors.  All images shown are for display purposes only.  All Computer products sold are OEM (bulk packaging) unless otherwise specified.  

7.         All unopened and unused merchandise in its original package may be exchanged for merchandise or products sold on Company's e-commerce Internet site or for Company's e-commerce Internet site credit upon its return to Company in re-sellable condition. 

LIMITATION OF LIABILITY

1.         Under no circumstances shall Company be liable for any damages, including without limitation, any special, direct, indirect, or consequential damages that result from the use of, or the inability to use the materials and/or products offered in this Internet e-commerce site, whether in an action of contract, negligence, tort or otherwise, even if a Company or Company's representative has been advised of the possibility of such damage.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to Member.  Under no circumstances shall Company's total liability to Member for all damages, losses and causes of action, whether in contract, negligence, tort or otherwise exceed the amount paid by Member, if any, for accessing this site.  Use of Company's site, merchandise and/or products offered are on an “As Is” basis with all faults.  There may be other warranties available to Member that are directly provided by the manufacturer to the Member.  Such warranties may be honored directly by the manufacturer and Company DOES NOT adopt such warranties, nor does Company accept any responsibility pursuant to such warranty.  Company expressly disclaims all warranties. 

2.            Notwithstanding the foregoing, all damages arising out of and use of this site shall be limited to the amount of the fees Member pays to the Company in the twelve months prior to the action giving rise to such damages or the cost of the product/purchase resulting in such damage. 

3.            Applicable law may not allow the foregoing limitation of liability and therefore same may not apply to Member. 

DISCLAIMERS OF WARRANTIES

1.         All products are provided "as is with all faults" and without warranties of any kind, either express or implied to the fullest extent permissible pursuant to applicable law.  Company disclaims all warranties and the parties hereto expressly agree that no representation or warranties, express or implied, have been or are made by the Company except as stated herein, and the Company makes no warranties, either express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose

2.         All services are provided on an "As Is" basis.  All warranties, conditions, express, implied or statutory, including without limitations the implied warranties or title, merchantability, fitness for a particular purpose and non-infringement.  Company further does not guarantee continuous or uninterrupted access to Membership privileges. 

3.         In no event shall any supplier be liable for any damages, whether actual, incidental or consequential for negligence or for interruption in communications or lost data arising out of or in connection with this Agreement. 

4.            Applicable law may not allow the disclaimer of certain warranties and therefore the foregoing disclaimers may not apply to Member.

MEMBERS CONDUCT CREATING POTENTIAL LIABILITY

Upon Company’s request Member agrees to defend, indemnify and hold harmless Company and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including attorney fees, that arise out of or in connection with the site, including Company’s products or services of merchants in the e-commerce Store, or Member’s posting, downloading or transmission of all communications or materials on this e-commerce site.

JURISDICTION & GOVERNING LAWS

These terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law.  If Member has a dispute or wishes to make any claims, Member agrees to first contact Company and attempt to resolve such dispute or claims.  If Member’s disputes or claims are not resolved to Member’s satisfaction, Member agrees to waive all rights to a jury trial and agree to submit Member’s claims to binding arbitration in Middlesex County, City of New Brunswick, State of New Jersey to the AAA Rules of Arbitration.  If the above consent to arbitration is held unlawful or unenforceable, Member agrees that any action at law or in equity arising out of or relating to these terms shall be filed only in the State or Federal Courts located in New Jersey and Member hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.  If any of the provisions of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provision.