iBUYPOWER Terms & Conditions

Welcome to iBUYPOWER.com (“Website”). iBUYPOWER (“We” or “Us”) provides the Website as well as the products for sale therein to you (“Customer”), subject to the following terms and conditions (“Terms and Conditions”), including all supplemental terms and agreements that are posted on the Website and/or referenced and included below.

Please read these Terms and Conditions carefully! They contain very important information about your terms and conditions of sale, rights and obligations, as well as limitations and exclusions that may apply to you when visiting our Website and purchasing our products. If you visit or shop at the Website, you accept these conditions. If you do not agree to these terms, please discontinue your use of the Website. The Customer hereby agrees to be bound by the terms and conditions below.

Supplemental Terms and Agreements

Purchase Agreement (Important information regarding the terms governing the sales transaction between the Customer and iBUYPOWER)
Standard Limited Warranty (for Desktop Computers purchased directly from iBUYPOWER.com for use within the U.S.)
International Limited Warranty (for Desktop Computers purchased directly from iBUYPOWER.com for shipment outside the U.S.)
Laptop Warranty Statement (for Laptop Computer systems)
Retail Limited Warranty (for Computers purchased from a retail partner and not directly from iBUYPOWER.com)
Refurbished Computer and Parts Warranty (for refurbished Computers and parts purchased directly from iBUYPOWER.com)
Privacy Notice (describing how iBUYPOWER collects, uses and shares your personal information)

Supplemental terms and conditions, agreements, or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in iBUYPOWER’s sole discretion, to make changes or modifications to these Terms & Conditions from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms & Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed as each time you access the Website, you will be subject to, and will be deemed to have been made aware of and to have accepted, the then applicable Terms and Conditions. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms herein.

Purchase Agreement

Every time you make a purchase on the Website, you will be asked to read and accept the terms listed in our Purchase Agreement.

Disclaimer

Prices, specifications, and terms are subject to change without notice. iBUYPOWER shall not be held responsible for typographical errors or omissions relating to pricing, copy, photography, or application on the Website at any time. We will make every effort to ensure the accuracy of the information published on our Website and advertisements and we will make corrections as quickly as possible once errors are made known to us.

General Conditions

We reserve the right to refuse to provide products to anyone for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

You understand that your communications and interactions through the Website and with us (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Payment Methods

We accept the following methods of payment:

Credit card: Visa, MasterCard, American Express, Discover
Amazon Pay, Google Pay, Apple Pay
Affirm*
PayPal
Prepaid Company Check, Cashier’s Check, or Money Order
Bank Wire Transfers
Purchase Order (School/Government/Fortune 500 Companies)

Unfortunately, we do not accept international credit cards or check via telephone.

*Affirm approvals/denials are strictly at the full discretion of Affirm. iBUYPOWER has no responsibility or influence whether an application is approved or denied and we will not be supplied reasons for their decision. Please contact Affirm directly for any inquiries.

All payments made on or through the Website are made in U.S. Dollar (USD), regardless of the current conversion rates. Any credits or refunds will be made in USD, regardless of the current conversion rates; iBUYPOWER will not perform any currency conversions prior to any charges or credits.

All payments made on or through the Website are independently processed through third-party service providers. Therefore, iBUYPOWER does not collect any payment information, such as credit card information, but receives notification once a payment has been successfully completed. You agree to provide current, complete and accurate information for all purchases made on iBUYPOWER.com. If a payment fails or is refused by the third-party payment processor, iBUYPOWER shall be under no obligation to fulfil the order.

Tax/Duty/Customs: For U.S. orders, the total price of your order will include any applicable local sales tax based on the ship-to address at the sales tax rate in effect at the time of purchase. Tax exemption claims must be supported by valid tax-exempt certificates at the time of purchase; resale certificate shall not apply. iBUYPOWER is not responsible for any other levies, duties, or fees imposed by any taxing authority beyond the extent of your purchase. Will-Call Pickups will be charged based on iBUYPOWER's local tax rate. For Canadian orders, the price of your order may not include the entirety of the total price you will ultimately be paying; any tax/duty/customs imposed on orders shipping to Canada are the Customer’s responsibility and will be due upon border processing.

Electronic Waste Recycling Act

California enacted the Electronic Waste Recycling Act (Act) of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003) to establish a funding system for the collection and recycling of certain electronic wastes. The Covered Electronic Waste (CEW) Recycling Program is intended to provide convenient opportunities for all Californians to properly manage unwanted electronics. To fund this program, California requires retailers 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 and only applies to orders shipped within California.

The types of products that we are required to collect this recycling fee include 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:

More than four inches but less than 15 inches -- $4.00
At least 15 inches but less than 35 inches -- $5.00
35 inches or more -- $6.00

For more information concerning the scope and details of this act, please visit the CalRecycle site at: https://calrecycle.ca.gov/Electronics/Act2003/ and the fee schedule at: https://calrecycle.ca.gov/electronics/retailer/.

Rush Orders

We will expedite processing on specific systems for an additional fee provided that the following conditions are met:

This option is not available for all models and configurators; only those configurators that specifically list the rush option are eligible for this expedited service.
Order transaction and credit card authorization must be successfully completed and approved before 1:00 PM Pacific Time. Any order approved after 1:00 PM Pacific Time will be processed as a next business day order.
iBUYPOWER will ship out within the stated time frame after the full payment is received or after this option is added to an existing order.
iBUYPOWER is not responsible for delays caused by credit issues, such as credit card declines, daily credit limits, address cannot be verified, incorrect address on file, and/or carrier pickup delays.
Note that this is a "RUSH SERVICE" labor fee, it is separate from any "SHIPPING/HANDLING CHARGE". Shipping time is separate from the 5-day rush time.

Risk Assessment

In an effort to mitigate online fraud, iBUYPOWER utilizes services that provide risk scoring and risk data related to online transactions. These services employ algorithms that evaluate multiple data points and returns an overall risk score. If a risk score reported is too high, your order may be cancelled, or we may ask you to use an alternative form of payment to continue processing your order. iBUYPOWER is not provided reasons for the risk score and, therefore, they cannot be provided to you.

Pricing Policy

Unfortunately, we do not offer price matching. For your convenience, our most current and lowest pricing is posted on our Website daily. Special daily offers and sale prices cannot be offered retroactively; the order must be placed within the offer period. Prices are non-negotiable.

We make every effort to list the most accurate, up to the minute information. Despite our efforts, some items on our Website may be unintentionally priced erroneously. If a product is listed at an incorrect price due to a typographical, photographical, or technical error or error in pricing from our vendors, iBUYPOWER reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price.

Change or Modify Orders

You may request a change to your order, provided your order has not already reached the shipping stage. Please use our Contact Us form if your order is in the early stages or call us at (888) 462-3899 during our business hours to change more advanced orders. You will be asked to provide your order number, so please ensure you have that information available when you call. Your order may require re-approval for some changes, such as those involving payment or address changes. Please note that changes, even minor ones, may cause delays to your order.

Cancel Orders

You may request a cancellation of your order, provided your order has not already shipped. If a request for cancellation is received after an order has shipped, then it will need to be treated as a request for refund and will require an RMA number. If a product has been custom engraved and/or wrapped, any order cancellations are subject to a 15% restocking fee. Please use our Contact Us form or call us at (888) 462-3899 during our business hours to cancel your order. You will be asked to provide your order number, so please ensure you have that information available when you contact us.

Processing Time

For non-prebuilt computer, posted dates regarding when an order will ship are estimated and not guaranteed. Orders are not fully processed on weekends and/or holidays, which do not count as business days. General processing times can vary depending on several factors, such as work load, season, product availability, payment difficulties, and any other unforeseen circumstances. Email updates will be provided as your order progresses through the various stages of the processing, fulfilment, assembly, testing, and shipment processes.

General processing times (subject to change at any time):

Custom PC Configurators: 5-10 business days estimated *
EasyBuilder Systems: 5 business days *
1. * Orders that contain components that have been designated as pre-order will be delayed and will be fulfilled on a first-come, first-purchase basis. Please note, processing times may vary based on inventory availability and order approval.
RDY Prebuilt Systems: same or next business day, without guarantee, with free 2-Day shipping method according to the following conditions:
1. Orders received Monday-Friday, no later than 12:00 PM Pacific Time, should ship out the same day. For orders received past noon and on weekends, should ship the next business day.
2. Free 2-day shipping method does not apply to Canada or APO/FPO addresses

Order Status

iBUYPOWER will do everything possible to keep you informed of your order via email notifications as it progresses through the various stages. Your tracking number will be emailed to you the night your item has been shipped. It is the customer’s responsibility to track the package and be available for the delivery. You may view your order status by logging into your iBUYPOWER account.

Accounts

To establish an account, you may be required to provide us with certain personal information, including without limitation, your first and last name and e-mail address. You agree that you will supply accurate information, and that you will update that information promptly if it changes. We reserve all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name or email. You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF iBUYPOWER.

Purchases May Not Be Resold Or Exported

Your purchase is for your own use, not for resale, export, re-export, or transfer. Your purchase is subject to, and you are responsible for compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions (“Export Laws”). Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to the Export Laws.

Shipping Methods

We offer the following shipping methods:

To the Domestic 48 U.S. States:

Ground Shipping (5-7 Business Day Delivery)
3-Business Days (Ground/Air Delivery)
2-Business Days (Air Delivery)
Standard Overnight (Afternoon Air Delivery)

To Hawaii & Alaska:

2-3 Business Days (Air/Ground Delivery)

To Canada:

Ground: 5-10 Business Days (FedEx and UPS Ground Delivery)

To APO/FPO (Military/Government addresses):

US Postal Service: shipping time varies and dependent on the APO system.

Additional Shipping Notes:

FedEx and UPS do not ship to P.O. Box Addresses. Physical street addresses are required for domestic shipments. We do not ship with USPS for domestic shipments.
iBUYPOWER does not ship internationally except to Canada and APO/FPO addresses.
Customer pays return shipping on all services.
For any returns, Customer assumes full responsibility to ensure the computer or parts are packed properly to avoid any physical damage caused during shipping. iBUYPOWER will not be responsible for shipping damage caused by improperly or inadequately packed product.

Money-Back Satisfaction Guarantee

iBUYPOWER offers a 30-day money-back guarantee if not completely satisfied with your computer system that was purchased directly from iBUYPOWER.com. Please see our Return Policy for more details and exclusions.

The 30-day money-back guarantee does NOT apply to computer systems purchased directly from a retailer or other third-party sellers. There are no exceptions to this policy.
Refurbished products may be returned within 14 days from the date on the packing slip or invoice for a credit or a refund of the purchase price paid, less shipping and handling, rush service fees, and any applicable restocking fees.
This guarantee only extends to the original purchaser on the billing record and credits will be provided to the original form of payment. Any products not returned will be deducted from the credited amount.
This guarantee does NOT include shipping, handling, and rush service fees. It does not extend to opened software, additional parts/peripherals, special order merchandise, or any custom-made products.
Restocking Fees will not be assessed within the first 30-days from the date on the invoice. Any returns for refund after 30-days are subject to a 15% restocking fee. Requests for refund beyond 30-days and must be approved by management. Refunds will not be approved after 45-days from delivery.
For items sold with “FREE SHIPPING”, there will be an additional $75 deduction after any applicable restocking fee is applied.
For Colorado customers, in accordance with the Colorado Department of Revenue, the Colorado Retail Delivery Fee is nonrefundable. For more information about the Colorado Retail Delivery Fee, please visit https://tax.colorado.gov/retail-delivery-fee.

Warranty Service

iBUYPOWER warrants to the original purchaser that the product and its parts will be materially free of defects in materials or workmanship for the period specified in the applicable warranty included with the purchase from the original date of invoice. During this period, iBUYPOWER will repair or replace defective parts with new or reconditioned parts, at iBUYPOWER's option, without charge for parts (additional charges may apply). All original parts replaced by iBUYPOWER, or its authorized service centers become the property of iBUYPOWER. You are responsible for the payment, at current rates, for any service or repair outside the scope of this limited warranty.

iBUYPOWER is a distributor only. Products sold by iBUYPOWER are not manufactured by iBUYPOWER. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any) even beyond the length of iBUYPOWER’s warranty. iBUYPOWER assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products.

Disclaimer of Warranties

iBUYPOWER makes no other warranty, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or conformity to any representation or description, with respect to any products and/or other information on this Website other than as set forth herein. iBUYPOWER makes no warranty or representation, either expressed or implied, with respect to any other manufacturer’s product or documentation, its quality, performance, merchantability, fitness for a particular purpose, or conformity to any representation or description.

Please review our Warranty pages for full details.

OEM vs. Retail

The retail and OEM (Original Equipment Manufacturer) versions usually are essentially the same product. However, the retail version usually comes with bundled software, retail packaging, and additional accessories. OEM, also known as tray, white box or brown box versions, will come with the actual product and drivers, but no special packaging, extras, or software.

Product Information and Performance

Although measures are taken to ensure the information on our Website and advertisements is as timely and accurate as possible, iBUYPOWER assumes no responsibility for the accuracy of such information or its relevance to a specific use or application. Actual performance of products may vary based upon many factors and may be less than stated. Differences in system hardware, software design or configuration, as well as system use patterns, may affect product performance. Actual products may differ slightly in appearance to images shown.

Reward Points

The iBUYPOWER Reward Points system is our way of thanking our most loyal customers and fans. Points may be earned with any product purchase on iBUYPOWER.com; points are not earned for iBUYPOWER products purchased from 3rd party sellers.

A member account is necessary to participate.
1,000 points earned is equivalent to $1.00 USD.
Points will be credited to your member account 30 days after product shipped.
Points can only be used in multiple of 1,000.
Points may be used with coupon code for additional discount.
Your reward points do not expire and may be used anytime.
You may share your reward points with another iBUYPOWER account holder.

See our Rewards Points page for more details.

Game Codes

For your convenience, iBUYPOWER may offer free game codes when bundled with qualifying products. Please read the qualifications carefully as there may be specific age, region, and redemption period restrictions. Offer may not be substituted, exchanged, sold, or redeemed for cash or other goods or services. Customer is responsible for any applicable sales tax. Offer may not be combined with any other offer, Game Time card, rebate, or discount coupon. Product subject to availability, quantities are limited.

Xbox Game Pass for PC

Specific iBUYPOWER gaming desktop models may include one month of Xbox Game Pass, including EA Play. Credit card required. Unless you cancel, you will be charged the then current regular membership rate when the promotional period ends. Terms and exclusions apply. After term, active membership required to play games and online multiplayer. Game catalog varies over time, region, and by device. DLC sold separately; if a game is removed from catalog or your membership ends, you will need to purchase the game separately to use your DLC. If you’re already an Xbox Live Gold and/or Game Pass for Console/PC member, any days remaining in your membership(s) will be converted to Ultimate using a conversion ratio. Future code redemptions also subject to conversion ratio. All conversions to Ultimate are final. Details and system requirements at www.xbox.com/gamepass. Offer valid in all Xbox Game Pass markets excluding Russia. Digital Direct: Your digital content will be delivered directly to your device during set up; no codes required.

Mail-In Rebates

For your convenience, iBUYPOWER does its best to advertise any current rebates on our website. The prices listed on our website do not include rebate savings. Any use of these rebates is limited to any terms and/or conditions as determined by the manufacturer. If you have any questions regarding the rebate terms and conditions, please contact the manufacturers directly.

Amazon.com Gift Card Promotion

Offer only valid on iBuyPower.com. Offer only applicable on transactions detailed during promotion. Offer is limited to stock on hand and not applicable on iBUYPOWER Gift Card. Offer not transferable; no resale allowed. Offer does not apply to previous purchases. American Future Technology DBA iBUYPOWER reserves the right to modify or terminate the promotion at any time without advance notice.

Amazon.com Gift Card will be delivered via email to the address used for Amazon Pay within 30 days of the transaction. The Amazon.com Gift Card may only be used for purchases of eligible goods on Amazon.com or certain of its affiliated websites. The Amazon.com Gift Card cannot be redeemed for the purchase of another gift card. Except as required by law, the gift card cannot be transferred for value or redeemed for cash. To redeem or view an Amazon.com Gift Card balance, visit “Your Account” on Amazon.com. Amazon is not responsible if any gift card is lost, stolen, destroyed, or used without permission. If the gift card is lost or stolen, it will not be replaced. See https://www.amazon.com/gc-legal for complete terms and conditions. The gift card is issued by ACI Gift Cards LLC., a Washington limited liability company. No expiration date or service fees.

Shipping Dispute: Title and Risk of Loss

iBUYPOWER will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) – except software – and risk of loss passes to the Customer upon delivery to the carrier. iBUYPOWER reserves a purchase money security interest in the product(s) until its receipt of the full amount is due. The Customer agrees to allow iBUYPOWER to sign appropriate documents on the Customer’s behalf to permit iBUYPOWER to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. The Customer agrees to be bound by any software license agreement once the seal on the package is broken or once the software is registered. iBUYPOWER will advise the Customer of estimated shipping dates, but iBUYPOWER 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.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between iBUYPOWER and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. iBUYPOWER and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against iBUYPOWER that is more than one year after the date of the applicable invoice.

Intellectual Property Rights

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content, and the Marks.

You and iBUYPOWER agree that none of the Feedback (as defined below) you provide to us constitute confidential information, and nothing in these Terms and Conditions or in our dealings arising out of or related to subject matter of these Terms and Conditions will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you. You hereby grant us a perpetual, irrevocable right, and license to exploit the Feedback in any and every way and subject to applicable law waive any moral rights in such Feedback. Feedback will not constitute your confidential information. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of iBUYPOWER’s Website, products, or services.)

Cookies

As part of offering and providing customizable and personalized services, we may use cookies and other tracking technologies (such as pixel tags and web beacons) to collect and store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. See our Cookie Policy for more details.

Digital Millennium Copyright Act

We respect the intellectual property rights of others and request that users of the Website respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel an account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:

provide your physical or electronic signature;
identify the copyrighted work that you believe is being infringed;
identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the Website;
provide us a way to contact you, such as your address, phone number or email address;
provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.

Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:

Director of iBUYPOWER

529 N Baldwin Park Blvd

City of Industry, CA 91746

Electronic Communications

When you visit our Website or send e-mail to us or chat with us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by chat, or by posting notices anywhere on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Telephone Communications

Telephone communications with us, our agents, may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via prerecorded or auto-dialed calls. This consent is for non-telemarketing calls only.

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH iBUYPOWER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM iBUYPOWER.

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions or the Privacy Policy (“Dispute”), you and iBUYPOWER agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section below. Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California USA, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, iBUYPOWER may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which iBUYPOWER or its assigns may be entitled under these Terms and Conditions or applicable law, in the event of any actual or threatened breach of these Terms and Conditions by you or on your behalf, iBUYPOWER would be irreparably damaged if these Terms and Conditions were not specially enforced and, as such, you agree that iBUYPOWER shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of iBUYPOWER’s products or services. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms and Conditions or iBUYPOWER’s products or services to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND iBUYPOWER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and iBUYPOWER agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules, and regulations of the State of California, excluding conflict of law rules and principles.

Claims

YOU AND iBUYPOWER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Limitation of Liability
1. NEITHER iBUYPOWER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR PRODUCTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT iBUYPOWER OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
2. IN NO EVENT WILL iBUYPOWER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO iBUYPOWER’S FOR USE OF THE WEBSITE OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO iBUYPOWER, AS APPLICABLE.
3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN iBUYPOWER AND YOU.

Contact Us

If you have any questions or concerns regarding our Terms and Conditions, Contact Us by email or by telephone at (888) 462-3899. We will gladly address any issue to the best of our abilities.

Technical Assistance and Customer Service

Our customer service team is available to assist you through issues you may experience with your iBUYPOWER computer purchase. Please use our Contact Us form at https://www.ibuypower.com/support/contact-us or call at (888) 462-3899.