Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Onyx Consulting Foundation. The collective work includes works that are licensed to The Onyx Consulting Foundation. Copyright 2009, The Onyx Consulting Foundation ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Onyx Consulting Foundation or purchasing The Onyx Consulting Foundation products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Onyx Consulting Foundation or to purchase The Onyx Consulting Foundation products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Onyx Consulting Foundation. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of The Onyx Consulting Foundation used in the site are trademarks or registered trademarks of The Onyx Consulting Foundation
Certain projects, images, and products are trademarks of and/or copyrighted by their respective owners.
Company Policies
All equipment is in good to excellent condition (based on the age of the machine), carries no warranty, and is reconditioned (cleaned and tested) by our Apple and PC Certified Technicians. We run Apple Service Diagnostics (ASD) on every machine and various PC based utilites on Windows platforms. Items with remaining Apple Limited, AppleCare Extended, and manufacturer warranties are covered by the manufacturer as the primary service provider. All transactions are charged shipping unless picked up in person. Most computers ship with an operating system loaded (the version of the OS is denoted in each listing's description). Machines lacking proper operating system documentation will be sold without an operating system as noted in the description. Sales are not contingent on software. Notebooks include an AC adapter and working battery. Batteries are consumables and their life span is not guaranteed. In the event of failure of the machine, in any and all cases, The Onyx Consulting Foundation nor Onyx Consulting is responsible for repairing or performing service on the machine.
Buyer beware. These machines are discounted in order to:
- Offset the buyer risk/remorse in the event of failure after the sale - since they are not warranted.
- Increase the probability of sale thereby generating more revenue for the charitable intentions of the OCF.
By purchasing from the OCF, you are forfeiting any expectation of post-sale support from the OCF for any reason or circumstance. That is the tradeoff for the benefits of a discounted price and charitable action on your part. All machines are tested and sent in working order to the best of our knowledge. There is NO WARRANTY. There is NO AFTER SALE SUPPORT OR RESPONSIBILITY on behalf of the OCF. There is always a possibility that an OCF machine could fail immediately after it is received. If you are not accepting of and comfortable with this possibility (knowing your purchase went to a good cause - regardless) PLEASE DO NOT PURCHASE FROM THE OCF. WE WILL NOT BE RESPONSIBLE FOR PRE-SALE OR POST-SALE ISSUES. All sales are final.
We reserve the right to refuse any order not meeting our security system criteria.
Operational Independence
No OCF affiliates to include (but not limited to) Onyx Consulting, Inc shall be held in any way responsible for OCF transactions, equipment, customer service issues or other related OCF matters.
Limitation of Liability
The Onyx Consulting Foundation shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Onyx Consulting Foundation has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a The Onyx Consulting Foundation product is mistakenly listed at an incorrect price, The Onyx Consulting Foundation reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Onyx Consulting Foundation reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Onyx Consulting Foundation shall issue a credit to your credit card account in the amount of the incorrect price.
In addition, if The Onyx Consulting Foundation mistakenly lists specs that are inconsistent with the machine received a partial refund or appropriate reparations may be made.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Onyx Consulting Foundation without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
The Onyx Consulting Foundation may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Onyx Consulting Foundation.
Determination of Fair Market Value
The Onyx Consulting Foundation determines the the FMV of your equipment through value of individual parts, as well as overall machine value, based on average of going rates across the internet. Selling prices are averaged and reduced by 25% before sold in our store. Your donation receipt is for the actual FMV of your machine before the price reduction; plus the additional value added by uncommon and specific upgrades, if any.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Onyx Consulting Foundation products) shall be in the state or federal courts located in Dekalb County, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Onyx Consulting Foundation products) must be commenced within one (1) year after the claim or cause of action arises. The Onyx Consulting Foundation's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Onyx Consulting Foundation may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Onyx Consulting Foundation or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Indemnification
You agree to indemnify, defend, and hold harmless The Onyx Consulting Foundation, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, The Onyx Consulting Foundation may link to sites operated by third parties. However, even if the third party is affiliated with The Onyx Consulting Foundation, The Onyx Consulting Foundation has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Onyx Consulting Foundation. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Onyx Consulting Foundation seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).