Welcome to our online store! The services of this website are subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit www.Datamancer.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.Datamancer.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of www.Datamancer.com, with copyright authorship for this collection by www.Datamancer.com, and protected by international copyright laws.
www.Datamancer.com’s trademarks and trade dress (including DATAMANCER, DATAMANCER ENTERPRISES, DATAMANCER PCS, DATAMANCER.COM, DATAMANCER.NET, DATAMANCER LOGO) may not be used in connection with any product or service that is not www.Datamancer.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits www.Datamancer.com. All other trademarks not owned by www.Datamancer.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.Datamancer.com or its subsidiaries.
LICENSE AND SITE ACCESS
www.Datamancer.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.Datamancer.com. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of www.Datamancer.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.Datamancer.com and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing www.Datamancer.com’s name or trademarks without the express written consent of www.Datamancer.com. Any unauthorized use terminates the permission or license granted by www.Datamancer.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.Datamancer.com so long as the link does not portray www.Datamancer.com, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.Datamancer.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. www.Datamancer.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. www.Datamancer.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant www.Datamancer.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant www.Datamancer.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify www.Datamancer.com or its associates for all claims resulting from content you supply. www.Datamancer.com has the right but not the obligation to monitor and edit or remove any activity or content. www.Datamancer.com takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from www.Datamancer.com for shipment outside the continental United States, Alaska or Hawaii are sold and shipped with all risk of loss or damage upon the buyer, and Datamancer shall have no obligation to refund or replace products lost or damaged in transit after we deliver the product to any shipper, regardless of whether you or us select the shipper. If you desire a specific shipper, or wish shipping insurance provided by a shipper, you should advise us at the time of your order to see if we can accommodate you and the price for same, or you must arrange your own shipping or insurance. Regardless of whether we secure the shipper or insurance for you, however, our liability remains limited as stated above and ends entirely when we deliver the product to the shipper.
www.Datamancer.com and its associates attempt to be as accurate as possible. However, www.Datamancer.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by www.Datamancer.com itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY WWW.DATAMANCER.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WWW.DATAMANCER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WWW.DATAMANCER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WWW.DATAMANCER.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.DATAMANCER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WWW.DATAMANCER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting www.Datamancer.com, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.Datamancer.com or its associates.
PLACE OF SALE AND SALE TERMS
Regardless of where you are when you purchase a product from us, whether you purchase it online or on the phone or by other remote means, how or when you make payment, or wherever in the world we ship it to for you, by purchasing a product from us you agree that the sale of the product occurred in San Bernardino County, California, and that these contractual terms and conditions of that sale are agreed by you as having been entered into by you and us in only San Bernardino County and nowhere else.
A. Any dispute relating in any way to your visit to www.Datamancer.com or to products you purchase through www.Datamancer.com shall be submitted to binding arbitration to occur in San Bernardino County, California, USA, except that, to the extent you have in any manner violated or threatened to violate www.Datamancer.com’s intellectual property rights, www.Datamancer.com may seek injunctive or other appropriate relief in any state or federal court in California, or alternatively anywhere otherwise appropriate in the United States at the sole discretion of Datamancer, and in any event you consent to the exclusive jurisdiction and venue in such courts selected by Datamancer.
B. Binding arbitration under this agreement shall be conducted by, and under the rules then prevailing of, the American Arbitration Association (AAA) . Each party shall pay its own costs and attorneys fees incurred in connection with their pursuing or defending any arbitration proceeding, unless and to the extent the AAA rules and procedures govern the payment and assessment of costs before the conclusion of the arbitration. At the conclusion of the arbitration proceeding, costs or attorney fees of the prevailing party shall not be taxed against the other except as required by AAA rules or procedures or by applicable law, and each party therefore shall bear their own costs and attorneys expenses whether they prevail at arbitration or not, unless provided otherwise by law or AAA rules. The arbitrators award shall be binding on all parties and may be entered as a judgment in any court of competent jurisdiction. In the event that the AAA is unable for any reason to conduct arbitration in San Bernardino County, California then arbitration shall be conducted in the California city nearest to San Bernardino County where arbitration is available to be conducted.
C. Sections A and B above notwithstanding, neither party need resort to arbitration for any claim against the other for money damages claims that can properly be brought in the Smalls Claims courts in San Bernardino County, California, as to the subject matter and jurisdictional limits of such Small Claims courts; however, ALL PARTIES WAIVE THEIR RIGHT TO HAVE ANY DISPUTE TRIED BY A JURY AND AGREE THAT ALL AND ANY DISPUTES SHALL BE DECIDED IN SAID SMALL CLAIMS COURT BY A TRIAL JUDGE AS THE SOLE DECIDER OF FACT.
D. Class Action Waiver. Unless expressly prohibited by California or Federal law, you agree that no arbitration or Small Claims action appropriate hereunder shall be brought as, or sought to be later converted to or certified as, as a class action or any other similar or related action, representative action or other action for the benefit of others, and that in any Small Claims suit or arbitration case you and you alone shall be the plaintiff or complaining party and you shall not seek, nor shall you be permitted, to join in any suit or arbitration any other persons known or unknown, named or unnamed, at any time or for any reason.
A. For purchases of items in stock at the time of placing an order and not otherwise custom or special ordered you may return it to us, at your expense, in its original packaging with all included parts, so that it is received by us in new, undamaged and unused condition, within 60 days of your receipt of the item and receive a full refund.
B. For any items that are defective within 60 days of your receipt of the item you must contact us via email within that time to obtain return authorization and shipping instructions. We will pay for return shipping and issue a refund if the item is defective. If an item is returned in not new condition and determined not to be defective we reserve the right to deny any refund and to return it to you at your expense for return shipping.
C. Custom or special order items are not returnable unless defective.
D. Items that arrive damaged to destinations in the continental United States or Alaska or Hawaii must be reported to us as damaged via email within 48 hours of delivery or we reserve the right to refuse any refund or replacement. Items timely reported as damaged will be replaced or refunded at our option upon return of the damaged item.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to www.Datamancer.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.