1. ACCEPTANCE OF TERMS.
Welcome to Cutting Edge Gamer. By proceeding on CuttingEdgeGamer.com (the “Website”), you are agreeing to these Cutting Edge Gamer Sales Terms and Conditions (the “Sales Terms”). The Website is owned and operated by CuttingEdgeGamer, LLC (hereinafter referred to as “Cutting Edge Gamer”, “we” or “us”).
By accepting delivery of any product delivered from Cutting Edge Gamer that is not a leased product (hereinafter individually or collectively referred to as the “Sale” or “Sales”), you (“Buyer”) agree to be bound by the terms and conditions listed below. The most current version of these Sales Terms will always be on the Website and will supersede all previous versions. However, Buyer is bound by the Sales Terms in effect on the Sales date.
There will always be a link to the most current Sales Terms on the Website’s homepage. By using, purchasing from and/or visiting the Website, Buyer accepts, acknowledges and agrees that Buyer is bound by the Sales Terms. Cutting Edge Gamer reserves the right, in its sole and absolute discretion, to make changes from time to time (with or without notice) to these Sales Terms. As such, please check and review the Sales Terms carefully each time you place an order with or accept delivery of any product from Cutting Edge Gamer and/or participate in the Infinite Upgrades® Program. By proceeding on the Website, including, without limitation, all clicks, purchases, transactions, and contractual arrangements entered into, Buyer acknowledges, agrees and confirms Buyer’s acceptance and understanding of these Sales Terms.
2. CUTTING EDGE GAMER INFINITE UPGRADES® PROGRAM FOR PURCHASED PRODUCTS.
This section defines the Infinite Upgrades® Program (“Program”) for purchased products, which is Cutting Edge Gamer’s signature rebate program. Under this Program, Buyer receives a prorated in-store credit on Buyer’s account if Buyer returns a product to Cutting Edge Gamer within 12-months of the original purchase date AND upgrades the product. A rebate through the Program will be credited to Buyer’s Cutting Edge Gamer account and may be used on Buyer’s next purchase through us or Buyer’s next graphics card lease payment (if applicable).
To qualify for the Program:
- The first product Buyer wants to upgrade through the Program must be returned within 12-months from the original purchase date;
- The first product must be in-transit back to Cutting Edge Gamer within fourteen (14) days of receipt of the prepaid postage label provided to Buyer by Cutting Edge Gamer;
- Products (both the original and upgraded products) must be from the same product category (e.g. power supply, motherboard, keyboard, mouse, etc.) AND purchased from Cutting Edge Gamer; and,
- The second product must be purchased within twelve (12) months of the first product.
Failure to satisfy any of the Program qualification requirements will result in the forfeiture of any prorated credit to Buyer’s account.
Product category(ies) NOT available for the Program: CPUs, Graphics Cards, Clothing.
To receive a pro-rated credit on the first product it must:
- Have the same serial number as the first product sent to Buyer;
- Be in working, undamaged condition;
- Be in the original product box and internal packaging; and,
- Contain all accessories sent with the product (accessories will be listed on the Website’s product page and/or will be verified by the product manufacturer’s listing).
If the first product being returned for the Program does not meet the criteria set above, then any prorated credit is forfeited.
The Infinite Upgrades® Rebate will be calculated as follows:
Infinite Upgrades® Rebate = First Product Purchase Price * [12 – Number of Months Used] / 12.
(Rebate credits are rounded to the nearest cent.)
- Number of Months Used = [Second Product Purchase Date – First Product Purchase Date], rounded down to the nearest integer number of months (0, 1, 2, etc.).
- First Product Purchase Price includes only the price for the product; sales tax, restocking fees, shipping charges and any and all other charges and/or fees are not included when the rebate credit is calculated.
- If a second product purchased within the first 30 days of the first product’s purchase date, then Buyer will receive a 100% credit to Buyer’s account of the first product’s purchase price;
- If a second product is purchased on day 364, then Buyer will receive an 8.3% credit to Buyer’s account of the first product’s purchase price.
Cutting Edge Gamer will provide a prepaid postage label for free-of-charge return shipping of the first product back to it (the “return shipment”). Buyer has fourteen (14) days to have the return shipment in-transit back to Cutting Edge Gamer after receipt of the prepaid postage label. If the return shipment is not in-transit back to Cutting Edge Gamer within that time frame, any prorated credit is forfeited.
3. CUTTING EDGE GAMER CUSTOMER SERVICE.
To contact Cutting Edge Gamer with a question or concern about the Sales Terms, please contact Cutting Edge Gamer Customer Service.
Vice President Customer Service
3906 N. Lamar Blvd Suite 201
Austin, TX 78756
By phone: (512) 481-2134 – Monday-Friday, 9am-5pm CT
Or e-mail: [email protected]
4. ELECTRONIC COMMUNICATION.
By using the Website, Buyer acknowledges and agrees to receive electronic communications from Cutting Edge Gamer. These communications may include information about Buyer’s account, including, without limitation, shipping and receiving confirmation e-mails or information related to the Sale(s). Buyer acknowledges and agrees any notices, agreements, disclosures, or other communications Cutting Edge Gamer sends to Buyer electronically satisfies any and all applicable legal requirements regarding electronic communications. The parties acknowledge and agree to use electronic signatures and that their respective electronic signatures will be legally enforceable.
5. BUYER’S ACCOUNT.
If Buyer transacts a Sale, Buyer acknowledges, understands, represents and warrants (i) all information Buyer supplies to Cutting Edge Gamer is complete and accurate, (ii) Buyer is 18 years of age or older, and (iii) Buyer has the legal authority to enter into and transact the Sale. Buyer further acknowledges and understands Cutting Edge Gamer will not and does not validate the completeness and accuracy of the information supplied, and Cutting Edge Gamer has no responsibility for questioning the method of payment provided to it and/or Buyer’s legal authority to enter into such a Sale.
Buyer must have internet access and a valid credit/debit card to transact a Sale. Cutting Edge Gamer accepts VISA, MasterCard, Discover and American Express. Cutting Edge Gamer does not accept pre-paid or international debit cards.
Buyer is solely responsible for (i) maintaining the confidentiality of Buyer’s account information, (ii) Buyer’s password, and (iii) restricting access to Buyer’s computer. Buyer also acknowledges, agrees and understands Buyer may not impersonate any other person, entity or organization while using the Website. By using the Website, Buyer agrees to accept responsibility for all activities that occur under Buyer’s account or password, including, without limitation, Sales, clicks, purchases, transactions, and contractual arrangements entered into. Cutting Edge Gamer reserves the right to place any account on hold at any time (with or without notification to Buyer) in order to protect Cutting Edge Gamer from what Cutting Edge Gamer believes to be fraudulent activity. Specific details regarding Buyer’s account with Cutting Edge Gamer can be obtained by logging in to Buyer’s account via the Website.
6. LIMITATIONS OF USE.
Buyer must (i) be 18 years of age or older, and (ii) reside in one of the 50 United States or the District of Columbia to transact a Sale or have an account via the Website.
Buyer must establish an account with Cutting Edge Gamer in accordance with Cutting Edge Gamer’s requirements and as a condition of transacting a Sale. Payment terms and conditions are specified when Buyer’s account is established and are subject to change from time to time. Cutting Edge Gamer has the right to modify, increase, decrease or terminate Buyer’s credit privileges and terms at any time without prior notice to Buyer.
These Sales Terms, as published on Cutting Edge Gamer’s Website at the time of sale, govern all purchases of product(s) by Buyer from Cutting Edge Gamer. Buyer’s orders are offers to purchase product(s) subject to these Sales Terms. Cutting Edge Gamer may decline any order for any reason. Cutting Edge Gamer’s acceptance of Buyer’s order is limited to these Sales Terms without any modification or exception. Additional terms and conditions on any Buyer document (e.g., order) will have no effect (i.e., will not change or add to these Sales Terms whether or not Cutting Edge Gamer specifically objects to those terms and conditions). Buyer, on behalf of itself and the customer for whom the product(s) is purchased, consents to the transfer of Buyer’s and customer’s email addresses and shipping information, when such transfer is required to complete a transaction. Buyer will not disclose any confidential information when ordering from Cutting Edge Gamer. Buyer will protect the confidentiality of its account and password and not transfer them to any third party. Buyer may only place orders via a Cutting Edge Gamer approved ordering method by using Buyer’s account. Cutting Edge Gamer has no obligation to confirm the validity of any order placed or the authority of the person placing an order in this manner. Buyer bears all risk of unauthorized purchases by third parties using Buyer’s account and password.
9. CANCELLING ORDERS.
Buyer may request that a standard, non-customized order be cancelled provided the order has not already been processed and shipped. Please call us at (512) 481-2134 during Cutting Edge Gamer’s hours of operation (Monday – Friday 9am-5pm CT) to request an order cancellation. Buyer will receive a credit for the full amount of the order and the credit will be reflected on Buyer’s credit/debit card within approximately 1-5 business days of the order cancellation.
ORDERS FOR NON-STANDARD PRODUCT(S) INCLUDING PRODUCT(S) CONFIGURED TO BUYER’S SPECIFICATIONS ARE NON-CANCELLABLE AND NON-RETURNABLE.
10. PRICING POLICIES.
Quoted prices are subject to change without notice and, unless specifically included in a quote or invoice, do not include any taxes, handling, shipping, transportation, duties or other charges or fees. Buyer is responsible for all applicable fees and all federal, state, provincial, municipal, and other government taxes on the sale and delivery of product(s). Exemption certificates, valid in the place of delivery, must be presented to Cutting Edge Gamer prior to shipment if they are to be honored. Cutting Edge Gamer’s acceptance of Buyer’s order occurs at time of shipment, except for non-standard product(s).
If Cutting Edge Gamer discovers that any items advertised on its Website have been mispriced, we will do one of the following:
- If an item’s correct price is lower than the stated price, Cutting Edge Gamer will charge the lower amount and ship Buyer the item.
- If an item’s correct price is higher than the stated price, Cutting Edge Gamer will, in our sole and absolute discretion, either (i) contact Buyer for instructions before shipping; or (ii) cancel Buyer’s order and notify Buyer of such cancellation.
11. SALES TAX.
Sales tax is only required for orders shipping into states where Cutting Edge Gamer has or may have nexus and where states require the collection of sales tax by online retailers for state tax purposes under applicable laws. Please note that the sales tax for orders is calculated based upon the total price of the order, including shipping and handling.
12. SHIPMENT AND RETURN OF ORDERS.
A. In General. Shipment and transportation charges will be in accordance with Cutting Edge Gamer’s shipping policy at the time of shipment. Title and risk of loss transfer to Buyer upon delivery of product(s) to the carrier. Cutting Edge Gamer reserves the right to ship product(s) in any manner it determines or in the manner specifically requested by a Buyer. Please note that not all deliveries will be shipped from the warehouse closest to Buyer. Other factors that may impact the delivery time are: (i) the timing of changes to Buyer’s product(s) request(s); (ii) the location of the warehouse; (iii) delivery issues within the freight service system; and (iv) technical problems within Cutting Edge Gamer and/or the internet.
If Buyer directs Cutting Edge Gamer to bill transportation to a third-party account number or to ship ‘freight collect’, Buyer is responsible for all transportation and accessorial charges associated with the order, and is responsible for product(s) loss and damage in transit claims with the Buyer’s carrier. Cutting Edge Gamer is not liable for any Buyer requirements not stated in these Sales Terms.
If for any reason, a shipment is returned to Cutting Edge Gamer as undeliverable, unclaimed or refused, Buyer will be charged $40.00 or the return shipping fee, whichever is higher.
B. Standard Shipping. The purchase price for Buyer’s product includes the cost of standard shipping. Standard shipping is via USPS, FedEx or UPS Ground. Cutting Edge Gamer uses reasonable efforts to ship orders within five (5) business days after receiving the Buyer’s order. Cutting Edge Gamer currently ship five days per week (Monday through Friday). Cutting Edge Gamer does not ship on days it is closed for business due to holidays or force majeure. Cutting Edge Gamer will send Buyer an e-mail when Buyer’s product(s) has been shipped and the tracking number has been provided by the freight service.
C. Expedited Shipping. Buyer may request expedited shipping at Buyer’s sole expense, and this expense is non-refundable, not included in the purchase price of the Product, and will not be reimbursed if the Product is returned for any reason. To request expedited shipping, contact Cutting Edge Gamer Customer Service for a quote. The expedited shipping charge must be paid in-full by Buyer prior to shipment of the product.
D. Damaged Products. Within three (3) days of delivery, Buyer must provide detailed notification to Cutting Edge Gamer of any damage or defect to the product. Buyer must notify Cutting Edge Gamer of any claimed shortages or discrepancies within thirty (30) days of invoicing or Buyer waives their right to such a claim.
E. Returning Products. When returning a product(s) because (i) a product(s) is defective, (ii) an order is canceled; or, (iii) Buyer is participating in the Infinite Upgrades® Program, Cutting Edge Gamer will provide Buyer a prepaid postage label for free-of-charge return shipping. Buyer must have the return shipment in-transit back to Cutting Edge Gamer within fourteen (14) days of notifying Cutting Edge Gamer the product is being returned or the receipt of the prepaid postage label, whichever is earlier. Failure to do so may include, without limitation, forfeiture of credits to Buyer’s account under the Program and/or a full refund on the product cost.
Cutting Edge Gamer encourages Buyer to reuse the shipping box and cushioning materials that were sent with the original shipment. Cutting Edge Gamer does not reimburse for the cost of shipping materials and shipping charges if Buyer elects to ship returned products on their own.
13. CUTTING EDGE GAMERS RETURN POLICY FOR DEFECTIVE PRODUCTS.
If a product(s) that Buyer purchases from Cutting Edge Gamer does not work (and the damage is not due to abuse, improper handling or alternation by you or while in your possession), and Buyer notifies us within the first thirty (30) days after the purchase date, Cutting Edge Gamer will, in our sole and absolute discretion, either replace the defective product or refund Buyer the cost of the product, excluding any shipping costs. If Cutting Edge Gamer choses to replace a defective product, the replaced product’s shipping date will then become the “First Product Purchase Date” for purposes of the Program.
Product(s) purchased from Cutting Edge Gamer may be returned for a FULL refund if ALL of the following conditions are met:
- Buyer contacts Cutting Edge Gamer Customer Service via e-mail to inform it of the damaged or unusable product(s) within thirty (30) days after the purchase date;
- Buyer obtains a valid Return Merchandise Authorization (“RMA”) number from Cutting Edge Gamer prior to returning the product. Cutting Edge Gamer has no obligation to issue RMAs;
- Items are in the original packaging and the bar code on the exterior packaging has not been removed;
- Items are received by Cutting Edge Gamer with the damages or defects as Buyer previously reported to Cutting Edge Gamer Customer Service;
- All materials (original box and internal packaging, accessories and instruction manuals) are returned; and
- Items are received by Cutting Edge Gamer or confirmed as in-transit to Cutting Edge Gamer by the freight carrier within fourteen (14) days after Cutting Edge Gamer is notified of Buyer’s damaged or unusable product(s).
Credit, if any, will be provided for product(s) returned in accordance with Cutting Edge Gamer’s return policies, provided Buyer is not in breach of any of these Sales Terms.
If Buyer returns any product(s) without Cutting Edge Gamer’s authorization or does not comply with Cutting Edge Gamer’s return policy, the product(s) may be subject to return to the shipping location and, if refused, Cutting Edge Gamer may consider the product(s) abandoned and dispose of them, without crediting Buyer’s account.
Products returned to Cutting Edge Gamer that do not meet the above conditions will be issued a full refund less a 15% restocking fee.
Under any circumstance, if more than thirty (30) days have elapsed since the purchase date, Cutting Edge Gamer has no responsibility for issues, including, without limitation, defects or damages, with the product(s) and Buyer’s sole remedy is to contact the manufacturer regarding its product warranties and service policy for the product(s).
14. CUTTING EDGE GAMER REFERRAL REWARDS PROGRAM.
Buyer is automatically enrolled in Cutting Edge Gamer’s Referral Rewards Program when Buyer places an order and establishes an account. Each referral reward is a $5.00 credit with Cutting Edge Gamer. Buyer may redeem the credit upon Buyer’s (i) next purchase with Cutting Edge Gamer; or, (ii) next graphics card lease payment.
The conditions for the Referral Reward Program are:
- Buyer is a new customer to Cutting Edge Gamer and was referred to Cutting Edge Gamer by an existing customer with a Cutting Edge Gamer account (the “referrer”), and Buyer sends Cutting Edge Gamer the referrer’s e-mail address on his/her Cutting Edge Gamer account to [email protected] within two (2) business days from the date of Buyer’s first purchase; OR
- After Buyer has an account with Cutting Edge Gamer, Buyer refers a new customer to Cutting Edge Gamer (the “referred customer”), and the referred customer sends Cutting Edge Gamer Buyer’s e-mail address on his/her Cutting Edge Gamer account to [email protected] within two (2) business days of the referred customer’s first purchase.
If the above is not done within the stated timeframe, the $5.00 credit is forfeited for both the referred customer and the referrer. You may not be referred by someone at the same residence as you.
CUTTING EDGE GAMER IS A RETAILER ONLY. PRODUCTS SOLD BY CUTTING EDGE GAMER ARE NOT MANUFACTURED OR PRODUCED BY CUTTING EDGE GAMER. PRODUCT WARRANTIES, SERVICE, AND SUPPORT POLICIES, IF ANY, ARE PROVIDED BY THE MANUFACTURER OF THE PRODUCT(S). CUTTING EDGE GAMER EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EITHER EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO ANY PRODUCT(S), INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHATSOEVER. ALL PRODUCTS AND INFORMATION ARE PROVIDED TO BUYER “AS IS”.
TO THE EXTENT AUTHORIZED BY THE PRODUCT MANUFACTURER, CUTTING EDGE GAMER WILL PASS THROUGH TO BUYER ANY TRANSFERABLE PRODUCT WARRANTIES, INDEMNITIES, AND REMEDIES PROVIDED TO CUTTING EDGE GAMER BY THE PRODUCT MANUFACURER, IF ANY, INCLUDING ANY WARRANTIES AND INDEMNITIES FOR INTELLECTUAL PROPERTY INFRINGEMENT. WHEN PURCHASING A PRODUCT FROM CUTTING EDGE GAMER, BUYER’S SOLE REMEDY FOR BREACH OF ANY WARRANTY, INDEMNIFICATION OR OTHER RIGHTS AND CAUSES OF ACTION SHALL BE AGAINST THE MANUFACTURER OR PRODUCER OF THE PRODUCT AND NOT AGAINST CUTTING EDGE GAMER.
16. LIMITATION OF LIABILITY.
THE CONTENTS OF THE CUTTINGEDGEGAMER.COM WEBSITE, AND THE PRODUCT(S) CUTTING EDGE GAMER SELLS ARE PROVIDED “AS IS”. CUTTING EDGE GAMER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THE PRODUCT(S) ACCURACY OR FUNCTIONALITY. CUTTING EDGE GAMER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, CUTTING EDGE GAMER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, ABOUT THE PRODUCTS WE DELIVER, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, CUTTING EDGE GAMER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA ITS WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. BUYER’S RIGHT TO RECOVER ANY DAMAGES SUFFERED BY BUYER SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE SUM OF BUYER’S PURCHASE AMOUNT. IN NO EVENT SHALL CUTTING EDGE GAMER, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO BUYER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PRODUCT(S) OR THE INFORMATION ON CUTTING EDGE GAMER’S WEBSITE. IN NO EVENT SHALL CUTTING EDGE GAMER, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO BUYER FOR ANY DAMAGE OF ANY KIND TO BUYER’S COMPUTER OR OTHER EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PRODUCT(S). WHILE CUTTING EDGE GAMER WILL MAKE A REASONABLE EFFORT TO RETURN ANY PROPERTY OF BUYERS IT RECEIVES, CUTTING EDGE GAMER WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. BUYER WAIVES ANY CLAIM FOR ATTORNEY FEES IN CONNECTION WITH ANY ACTION ASSERTED BY BUYER AGAINST CUTTING EDGE GAMER IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED HEREIN, INCLUDING WITHOUT LIMITATION, CLAIMS FOR ATTORNEYS FEES ARISING UNDER SECTION 38.001 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE.
CUTTING EDGE GAMER’S LIABILITY IS LIMITED TO CUTTING EDGE GAMER REASONABLY ASSISTING BUYER IN ITS EFFORTS TO HAVE THE VENDOR EITHER: 1) REPLACE THE PRODUCT(S); 2) REPAIR THE PRODUCT(S); OR 3) REFUND BUYER’S PURCHASE PRICE FOR THE PRODUCT(S).
17. GOVERNING LAW.
These Sales Terms (and any agreement into which they are incorporated) will be governed by and interpreted in accordance with the laws of the State of Texas.
All notices, requests, demands, and other communications must be in writing and may be given by: (i) personal delivery, (ii) registered or certified mail, return receipt requested, or (iii) nationally recognized courier services to the party at its official corporate address. Notices to Cutting Edge Gamer must be sent to: CuttingEdgeGamer LLC, 4107 Medical Pkwy, Suite 201, Austin, TX, 78756, Attention: Cutting Edge Gamer Customer Service.
Except for any announcement intended solely for internal distribution by either party or any disclosure required by legal, accounting, or regulatory requirements, all media releases, public announcements, or public disclosures by either party or its employees or agents relating to these Sales Terms, the relationship between Cutting Edge Gamer and Buyer, or including the marks of the other party or any affiliate of that party, must be approved in writing by the other party prior to release.
Buyer may not assign or delegate its rights or duties under these Sales Terms, by operation of law or otherwise, in whole or in part, without the prior written consent of Cutting Edge Gamer. Any change of control of Buyer will be deemed an assignment. Any attempted assignment without that consent will be null and void without any force or effect.
If any provision of these Sales Terms shall be held invalid or unenforceable, the validity and enforceability of the remaining provisions of these Sales Terms shall not be affected thereby.
22. NO WAIVER.
Failure or delay of Cutting Edge Gamer to exercise a right or power under these Sales Terms will not operate as a waiver thereof, nor will any single or partial exercise of a right or power preclude any other future exercise of that right or power.
No termination of these Sales Terms will affect any rights or obligations of either party: (i) which are vested pursuant to these Sales Terms as of the effective date of such termination; or (ii) which, by their sense and context are intended to survive completion of performance or termination of these Sales Terms, including, without limitation, Warranties/Indemnities, Limitation of Liability and Governing Law, all of which will survive.
24. ENTIRE AGREEMENT; AMENDMENT.
The provisions of these Sales Terms are the sole and complete statement of the obligations and rights of the parties as to all matters covered hereunder, and supersede all previous understandings, agreements, negotiations and proposals relating thereto. These Sales Terms may not be amended by Buyer unless agreed to in writing by an authorized representative of Cutting Edge Gamer.
This Sales Terms and Conditions was last updated October 2, 2023.