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Menu
 * FAQ

 1. Self-Help Home
 2. Policy & Agreement

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POLICY & AGREEMENT


TERMS AND CONDITIONS

These terms and conditions (these “Terms”) govern your use of any website or
mobile application owned or operated by Newegg, its subsidiaries and affiliates,
including Newegg websites around the world (collectively, the “Site”) where
these Terms appear or are linked. These Terms are subject to change by Newegg,
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 or services offered
by Newegg 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 NEWEGG 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:

 1.  About us
 2.  Use of the Site
 3.  Posting content on the Site
 4.  Registering for an account
 5.  Placing an order
 6.  Products
 7.  Programs
 8.  Gift cards
 9.  Promotions
 10. Content on the Site
 11. Reporting claims of infringement of intellectual property rights
 12. Incorporated policies
 13. General terms


1. ABOUT US

We, along with our affiliates and subsidiaries, are Newegg. Our address is 17560
Rowland St., City of Industry, California 91748. You can contact us by mail at
the above address, by email at privacy@newegg.com or by telephone at 1 (800)
390-1119.


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 Newegg may suffer) of any such breach. As a condition
of your use of the Site and our services, you warrant to Newegg 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 Newegg, unless you have specifically been permitted to do so in a
   separate written agreement signed by an authorized representative of Newegg;
 * 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 Newegg customers to another website, mobile
   application, or service;
 * Send unsolicited or unauthorized emails on behalf of Newegg, including
   promotions and/or advertising of products 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.

Newegg reserves the right to refuse service, in its sole discretion, at any
time, for any lawful reason, without notice. Newegg 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. NEWEGG 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. POSTING CONTENT ON THE SITE

3.1. Posting content on the Site

You may post content on the Site, including, but not limited to, testimonial,
feedback, reviews, and blogs. If you post content on the Site, you agree to
comply with our Privacy Policy, and these Terms. You acknowledge and agree that
you are solely responsible for all content and the accuracy of all content you
make available in connection with the Site. You represent and warrant that:

 * You and not someone else composed and posted the content on the Site;
 * You own or otherwise control all of the rights to the content that you post
   on the Site;
 * You have the authority to grant the rights in such content; and
 * Such content, and the use of such content, will not violate these Terms.

3.2. Right to use content

Unless we indicate otherwise, you grant Newegg an irrevocable, perpetual,
sublicensable, transferable, non-exclusive, and royalty-free worldwide right and
license to use, copy, modify, adapt, publish, transmit, perform, and create
derivative works, incorporate and imbed into other works, and distribute, and
display such content throughout the world in any medium or form now existing or
later created. You also agree to the following:

 * We may use the content for any purpose;
 * We may use the comment with or without any pseudo (pen) name credit;
 * The reprint or use of the content will be at our discretion and without
   compensation; and
 * We may use the content locally, nationally, or globally and such use may be
   made in any media, information or communication platform (including Internet
   advertising) currently in use or later developed.

3.3. Right to monitor content

Newegg has the right, but not the obligation, in its sole discretion, at any
time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make
available any content made available through the Site. Newegg takes no
responsibility and assumes no liability for any content you post, upload, or
otherwise make available through your use of the Site. You are solely
responsible for any content you post, upload, or otherwise make available
through your use of the Site.

3.4. Restrictions on content

Newegg may, in its sole discretion, at any time, remove or deny content for any
reason, including, but not limited to, when the content contains any of the
following:

 * Hyperlinks/URLs;
 * References to other stores/resellers;
 * Comments on products that were either physically damaged or misused;
 * Comparisons to competing brands/products of competing brands;
 * References to aftermarket procedures or installation techniques not mentioned
   specifically in the original product documentation; such as overclocking,
   hacked drivers, tweaking/modding, and etc.; or
 * Replies to existing customer reviews; please do not attempt to initiate
   discussions here.

3.5. Prohibited content

You are prohibited from posting content on the Site that is:

 * Offensive or abusive;
 * Obscene, pornographic, or otherwise objectionable;
 * Illegal;
 * False, fraudulent, inaccurate, or misleading;
 * Derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful,
   or embarrassing to any person or entity;
 * Violent or threatening, or promotes violence or actions that are threatening;
 * Infringing the rights of others, including, but not limited to patent,
   copyright, trademark, trade secret, trade dress, right of privacy, or any
   other proprietary right;
 * Intending to cause harm, damage, or otherwise interferes with the Site and
   our services;
 * Violating any of our policies;
 * Violating any local, state, federal, or international laws;
 * Injurious to third parties; or
 * Contains software viruses, political campaigning, commercial solicitation,
   chain letters, mass mailings, or any form of “spam” or unsolicited commercial
   electronic messages.


4. REGISTERING FOR AN ACCOUNT

To register for a Newegg 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 Newegg at the address listed in the
“Contact Us” section.

Newegg may, in its sole discretion, at any time, for any reason, deactivate,
block, or freeze your account.


5. PLACING AN ORDER

5.1. Orders

5.1.1 Orders

Your order is an offer to Newegg to buy the product(s) and services listed in
your order along with a sales order number. When you place an order to purchase
a product and/or service from Newegg, 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 Newegg’s acceptance of your
order or Newegg’s confirmation of our offer to sell. An order is not binding
upon Newegg until it is accepted; Newegg must receive payment before it will
accept an order. Payment for product(s) ordered is due prior to shipment. Once
payment is received and an order is accepted, Newegg will issue an invoice to
you and a contract will come into existence between you and us. Newegg may, in
its sole discretion, at any time after receiving your order, accept or decline
your order for any reason. In addition, Newegg 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, Newegg will issue a credit to
your credit card account in the amount of the charge.

We may process payment for and ship parts of your order separately.

You consent to receive sales invoices electronically. Electronic invoices will
be made available in pdf format in the “your account” area of the Site.

MARKETPLACE ORDERS

Marketplace: For an order for an item that is listed on the Site as “Sold and
Shipped by” a third-party seller through Newegg’s Marketplace platform
(“Marketplace Seller”) and not “Sold and Shipped by Newegg” (“Marketplace
Item”), Newegg is the seller of record and the order processing is as set out at
section “5.1.1. Orders” above and the contract is formed between you and Newegg.

However, although Newegg is the seller or record, the Marketplace Seller and not
Newegg is solely responsible for fulfilling and delivering the order to you and
bears all liability and risks associated with, or related to, any item that is
sold and shipped by that Marketplace Seller that is purchased by a customer
through the Site. When you place an order for a Marketplace Item, we will
provide the Marketplace Seller with the information necessary to process and
fulfill the order, in accordance with the terms of Newegg’s Privacy Policy.
Please note that Marketplace Sellers may have policies that differ from Newegg’s
policies; therefore, for orders for Marketplace Items, please review the
applicable Marketplace Seller’s policies for any other terms and conditions that
may apply to your order for such items. The Marketplace Seller’s posted policies
will control to the extent of any inconsistency between Newegg’s policies and
the Marketplace Seller’s posted policies.

5.1.2. Pre-orders

Click the Pre-order button in the item description and checkout as you normally
would. A sales order number will be issued at the Order Confirmation screen just
as if you were placing a conventional order, but your credit/debit card will not
be charged until your pre-ordered item is in stock and ready to ship. If you
purchase an in-stock item with a pre-order item, you will be charged accordingly
for the available product and the difference when your pre-ordered item is in
stock and ready for shipment. In this instance, two sales order numbers will be
issued; one for the in-stock merchandise and one for the pre-ordered
merchandise. You will be kept up-to-date via the Site and through standard Order
Status emails to your account.

5.1.3. Backorders

We will sometimes allow you to backorder an item that is out of stock. However,
these items will be clearly marked with a Backorder button. Click the Backorder
button in the item description and checkout as you normally would. A sales order
number will be issued at the Order Confirmation screen just as if you were
placing a conventional order, but your credit/debit card will not be charged
until your backordered item is in stock and ready to ship. If you purchase an
in-stock item with a backorder item, you will be charged accordingly for the
available product and the difference when your backordered item is in stock and
ready for shipment. In this instance, two sales order numbers will be issued;
one for the in-stock merchandise and one for the backordered merchandise. You
will be kept up-to-date via the Site and through standard Order Status emails to
your account.

Marketplace: Backordering is not currently available for Marketplace Items.

5.2. Payment

In order to place an order with Newegg, 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 Newegg that the
credit card information or other payment method information you provide to
Newegg 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
 * Newegg Gift Card
 * MasterPass
 * Amex Express Checkout
 * Bitcoin
 * Android Pay
 * Apple Pay

5.3. Shipping

Your total cost for the purchase of any product will include the shipping and
handling charges shown on your Newegg invoice. Your original shipping fees are
non-refundable in the case of a returned product. Those fees are paid for the
services provided by and to the original carrier, and will not be refunded to
you if your item is returned for a refund to Newegg.

To learn more about shipping for U.S. customers, please review our U.S. Shipping
Policy. The Domestic Shipping Policy is incorporated into these Terms in its
entirety.

5.4. Risk of Loss and passing of Title

Newegg will arrange for shipment of ordered product(s) to you, Free Carrier
(F.C.A.) risk of loss passes to you upon delivery to the carrier. Title to the
product(s) – excepting software – will also pass to you upon delivery to the
carrier. Title to software will remain with the licensor(s). All software is
provided subject to the license agreement of the software maker. You agree to be
bound by any software license agreement once the seal on the package is broken.
Newegg will advise you of estimated shipping dates, but Newegg will, under no
circumstances, be responsible for delays in delivery, and associated damages,
due to events beyond its reasonable control, including without limitation, acts
of God or public enemy, acts of federal, state or local government, fire,
floods, civil disobedience, strikes, lockouts, and freight embargoes.

5.5. Taxes

Within the United States, Newegg, Inc. collects sales tax on taxable products
shipped to every state that has a sales tax. Please note that even if Newegg
does not collect state sales tax, you are required to pay the tax. Sales tax
laws regularly change, and we will use commercially reasonable efforts to keep
our information current. If you believe your order is not taxable, please submit
an exemption certificate before finalizing your purchase.

Notwithstanding anything to the contrary in these Terms, sales shipped to Texas
locations are made by Newegg Texas, Inc., are shipped F.O.B. destination point,
and sales tax on any sale shipped to Texas locations is based on the location
where the order was received and approved.

5.6. Tax exemption

If you are a tax-exempt organization or reseller, you can apply for tax
exemption on your Newegg orders. To learn about tax exemptions, please click
here.

5.7. Customs, duties & taxes

When ordering products from Newegg 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 Newegg, 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. 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.

5.8. Order processing

5.8.1. Order status

Newegg will keep you informed of your order status via email. All tracking
information will be emailed to your Newegg 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.

5.8.2. Order processing

Once you have placed your order, you can expect your order to be processed
within approximately 1-2 business days, provided the items are in stock and
there are no problems with payment verification. Newegg does not guarantee same
day-shipping. We do not process orders on Saturdays or U.S. holidays.

Marketplace: If you purchase a Marketplace Item from a Marketplace Seller, that
Marketplace Seller is responsible for shipping the item to you. While Newegg
does not guarantee processing times for Marketplace Items, in general
Marketplace Sellers should process orders within 1-2 business days of order
verification.

5.8.3. Rush processing

Rush Processing expedites the fulfillment of your order so it can be packed,
shipped and on the road the same business day it is placed. For Rush Processing
to be effective, your order must be submitted and charged before 2:30 p.m. PST,
Monday through Friday. If the above conditions are met and we fail to ship your
order the same business day, we will refund the Rush Processing fee.

The following items and order types are not eligible for rush processing
Marketplace Items, third-party Newegg distribution centers, Backorders,
Pre-orders, DVD movies, Large Item Delivery shipping method, ShopRunner shipping
service, Super Eggsaver and Will Call orders. For orders with eligible and
ineligible items, rush processing will apply to the eligible items only.
Ineligible items will automatically be split onto a separate order.

For orders placed between 11 a.m. and 1 p.m. PST, Monday through Friday, the
Rush Processing fee is $3.99. For all other times, the Rush Processing fee is
$2.99.

IN ALL CIRCUMSTANCES, NEWEGG‘S MAXIMUM LIABILITY IS LIMITED TO THIS RUSH ORDER
FEE ONLY. WHILE NEWEGG CANNOT GUARANTEE SAME DAY SHIPMENT FOR ALL ORDERS, NEWEGG
WILL PUT FORTH COMMERCIALLY REASONABLE EFFORTS TO SHIP ALL RUSH PROCESSING
ORDERS THE SAME BUSINESS DAY IF THE ABOVE CONDITIONS ARE MET. OTHERWISE, YOUR
RUSH PROCESSING FEE WILL BE REFUNDED.

Marketplace: Rush processing is not currently available for Marketplace Items.

5.9. Canceling orders

You may cancel your order for a product at no cost any time before the order has
been processed and shipped, provided Newegg has sufficient time to cancel the
order.

Nothing in this section limits your rights to cancel your order under any law.

5.10. Returns

To learn about returns, please review our Return Policy.  The Return Policy is
incorporated into these Terms in its entirety.

Nothing in the Return Policy limits your rights and remedies under any law.

5.11. Newegg 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 Newegg. With
that in mind, we offer the Newegg Marketplace Guarantee for purchases of
Marketplace Items. With the Newegg 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 Newegg Marketplace Guarantee.
The Newegg Marketplace Guarantee is incorporated into these Terms in its
entirety.

5.12. Newegg Price Match Guarantee

Newegg offers our Price Match Guarantee for select items. If you purchase an
item from Newegg which is carrying the Price Match Guarantee badge at the time
of purchase, then find the exact same item at a lower price by Newegg or a major
retailer, within 14 calendar days, just  let us know, and we’ll send you a
Newegg Customer Care Card to cover the difference.

To learn about Newegg’s Price Match Guarantee, please click here. The Price
Match Guarantee is incorporated into these Terms in its entirety.


6. PRODUCTS

6.1 Products

Unless expressly indicated otherwise, Newegg is not the manufacturer of the
products 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 on the Site is provided for
information purposes only, and NEWEGG 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, 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 are not intended to be used to diagnose, treat, cure or prevent any
disease or health condition.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEWEGG 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.

6.2. Product testing

Newegg, like other e-retailers, ships items in the condition they were received
from the original manufacturer/distributor. Newegg 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.

6.3. Technical support

Newegg 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 Newegg.

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.

6.4. Product-specific policies

6.4.1 “Must Be Purchased with Hardware”

The “must be purchased with hardware” precept is mandated by the software
publisher. In accordance, Newegg 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.

6.4.2 Buyers of optional service plans, warranties, and protection plans

If you purchase certain products 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 Newegg 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. Newegg’s Premiere Membership

To learn about Newegg’s Premiere Membership, please click here. The Newegg
Premiere Membership Terms and Conditions is incorporated into these Terms in its
entirety.

7.1. Newegg’s Subscription Program

To learn about Newegg’s Subscription Program, please click here. The Newegg
Subscription Program Terms and Conditions is incorporated into these Terms in
its entirety.

7.3. Newegg’s Trade-In Program

To learn about Newegg’s Trade-In Program, please click here. The Newegg Trade-In
Program Terms and Conditions is incorporated into these Terms in its entirety.

7.4. Newegg Points and Rewards Program

To learn about Newegg’s Points and Rewards Program, please click here. The
Newegg 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. Newegg 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. NEWEGG GIFT CARDS, NEWEGG PROMOTIONAL GIFT CARDS, NEWEGG STORE CREDIT GIFT
CARDS, AND NEWEGG CUSTOMER CARE GIFT CARDS

To learn about Newegg Gift Cards, Newegg Promotional Gift Cards, Newegg Store
Credit Gift Cards, and Newegg Customer Care Gift Cards, please click here for
the Terms and Conditions for Newegg Gift Cards, Newegg Promotional Gift Cards,
Newegg Store Credit Gift Cards, and Newegg Customer Care Gift Cards. The Terms
and Conditions for Newegg Gift Cards, Newegg Promotional Gift Cards, Newegg
Store Credit Gift Cards, and Newegg 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, Newegg 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 Newegg, 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. Newegg 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 Newegg name, logos, service names, designs, and slogans are trademarks of
Newegg. You must not use such marks without the prior written permission of
Newegg. 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 Newegg.

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 Newegg 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.

Newegg may limit the number of products available for purchase. Newegg may, in
its sole discretion, at any time, for any reason, change the quantities
available for purchase.

We list availability information for products 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 you order
turns out to be unavailable. Newegg 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, Newegg will issue a credit to your credit card account in the amount
of the charge.

10.3. Product listings

Prices and availability of products are subject to change without notice. Any
changes to Newegg-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.  Newegg 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. Newegg 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, Newegg 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, Newegg will issue a credit to your credit card account in the amount
of the charge. Additionally, all hyperlinks to other websites from Newegg are
provided as resources to customers looking for additional information and/or
professional opinion. Newegg 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

NEWEGG IS NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS
AND/OR PHYSICAL APPEARANCE. In the interest of our customers, Newegg 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. Newegg
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, NEWEGG WILL NOT BE HELD RESPONSIBLE FOR PRODUCT
REVISION CHANGES.

10.5. Links

All links to other websites from Newegg are provided as resources to customers
looking for additional information and/or professional opinion. To the fullest
extent permitted by law, Newegg 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, Newegg
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 NEWEGG 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 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 Newegg
infringe your copyright, you may request removal of those materials (or access
to them) from Newegg 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
Newegg Legal Department
17560 Rowland Street
City of Industry, CA 91748
Phone: (626) 271-9700
Fax: (626) 271-9480
copyright@newegg.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 Newegg 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 Newegg
   may be found) and that you will accept service from the person (or an agent
   of that person) who provided Newegg with the complaint at issue.

Completed Counter-Notices should be sent to:

Copyright Agent
Newegg Legal Department
17560 Rowland Street
City of Industry, CA 91748
Phone: (626) 271-9700
Fax: (626) 271-9480
copyright@newegg.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 Newegg:

 * 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:

Newegg Legal Department
17560 Rowland Street
City of Industry, CA 91748
Phone: (626) 271-9700
Fax: (626) 271-9480
trademarks@newegg.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 Newegg:

 * 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:

Newegg Legal Department
17560 Rowland Street
City of Industry, CA 91748
Phone: (626) 271-9700
Fax: (626) 271-9480

infringement@newegg.com

11.4. Repeat infringers

Newegg 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:

 * U.S. Payment Methods;
 * U.S. Shipping Policy;
 * Return Policy;
 * Newegg Marketplace Guarantee;
 * Newegg Price Match Guarantee;
 * Newegg’s Premiere Membership;
 * Newegg’s Subscription Program;
 * Terms and Conditions for Newegg Gift Cards, Newegg Promotional Gift Cards,
   Newegg Store Credit Gift Cards, and Newegg Customer Care Gift Cards; and
 * Promotions Policy.


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 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 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

Newegg 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 Newegg unless you have provided clear and conspicuous notice to Newegg
and have received prior written consent from Newegg.

13.4. Your indemnification

To the fullest extent permitted by law, You agree to defend, indemnify and hold
harmless Newegg, 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”

NEWEGG IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY NEWEGG ARE NOT MANUFACTURED BY
NEWEGG. 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. NEWEGG SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE,
REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. NEWEGG 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.

NEWEGG 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 NEWEGG 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 NEWEGG, 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, NEWEGG 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, NEWEGG 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 NEWEGG 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 NEWEGG’S 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, Newegg 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 Newegg 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 Newegg 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 Newegg. 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 Newegg at 17560 Rowland St., City of Industry,
California 91748 to the attention of Newegg 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 Newegg.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR
THE SALES TRANSACTIONS BETWEEN YOU AND NEWEGG, 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 NEWEGG 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 Newegg that is
more than one year after the date of the applicable invoice.

Newegg 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 Newegg),
including any limitation or exclusion of liability in favor of Newegg 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 Newegg’s invoice regarding the products and/or
services ordered by you, constitute the entire agreement between Newegg and you
and supersede all prior or contemporaneous arrangements, proposals, oral or
written, understandings, representations, conditions, warranties, and all other
communications between Newegg 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 for purchase by children. We sell children’s products
for purchase by adults. If you are under the age of majority pursuant to
applicable law, you may only use Newegg 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.

Updated on May 2, 2023



CONTENTS

     
 1.  Terms and Conditions
 2.  1. About us
 3.  2. Use of the Site
 4.  3. Posting content on the Site
 5.  4. Registering for an account
 6.  5. Placing an order
 7.  6. Products
 8.  7. Programs
 9.  8. Newegg Gift Cards, Newegg Promotional Gift Cards, Newegg Store Credit
     Gift Cards, and Newegg Customer Care Gift Cards
 10. 9. Promotions
 11. 10. Content on the Site
 12. 11. Reporting claims of infringement of intellectual property rights
 13. 12. Incorporated policies
 14. 13. General terms

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