Terms of use.

These Terms of Use govern your access to and use of the Servers Direct website, including its webpages, product information, account features, checkout functionality, and related services (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree, do not use the Site.

If you purchase products through the Site, your purchase is governed by the applicable Terms and Conditions of Sale. If these Terms of Use conflict with the applicable Terms and Conditions of Sale, the Terms and Conditions of Sale control with respect to the purchase.

The Site is operated by Equus Computer Systems, Inc., doing business as EQUUS (“Equus,” “we,” “us,” or “our”). “Servers Direct” is a brand name used by Equus and is not a separate legal entity. Your order confirmation, invoice, receipt, and other transaction records may identify EQUUS or Equus Computer Systems, Inc.

You may use the Site only if you are at least 18 years old and legally capable of entering into a binding agreement. If you use the Site or place an order on behalf of a business or other organization, you represent that you have authority to bind that organization.

You are responsible for providing accurate, current, and complete information when creating an account, placing an order, or otherwise communicating with us. You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You must promptly notify us of any unauthorized use of your account. To place an order through the Site, you must create and maintain an account; guest checkout is not available.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to, and not to help anyone else to:

• Use the Site in violation of any applicable law or regulation.
• Use the Site to defraud, deceive, impersonate, harass, abuse, or harm another person or entity.
• Access or use another person’s account without authorization.
• Interfere with or compromise the security, integrity, availability, or operation of the Site or any related system.
• Introduce malware, viruses, Trojan horses, worms, logic bombs, or other harmful code.
• Use robots, spiders, scraping tools, or other automated means to access, monitor, copy, or collect information from the Site, except as permitted by our written authorization or applicable law.
• Reproduce, modify, frame, mirror, distribute, sell, license, or commercially exploit the Site or its content, except as expressly permitted by these Terms of Use.
• Remove or alter any copyright, trademark, or other proprietary notice.
• Use the Site to submit or transmit content that infringes another person’s rights or is unlawful, defamatory, obscene, threatening, fraudulent, or otherwise objectionable.

Product descriptions, specifications, images, availability, pricing, and other information on the Site are provided for general informational purposes and may change without notice. We attempt to keep Site information accurate, but we do not guarantee that product information is complete, current, or error-free. Product information on the Site is informational only, does not constitute an offer, and does not modify the applicable Terms and Conditions of Sale. We currently offer sales and shipping only within the United States, including Alaska and Hawaii.

Terms governing order acceptance, pricing, payment, taxes, shipping, cancellation, returns, refunds, and product warranties are set out in the applicable Terms and Conditions of Sale.

The Site and all content made available through the Site, including trademarks, service marks, trade names, trade dress, logos, text, software, images, illustrations, graphics, product information, layout, and design, are owned by or licensed to Equus or its licensors and are protected by applicable intellectual-property laws.

Except for the limited right to access and use the Site for its intended purpose, these Terms of Use do not grant you any license or other right in or to the Site or any Equus or third-party intellectual property. You may access, download, print, and share reasonable excerpts of Site content for lawful personal or internal business purposes, including evaluating or purchasing products, provided that you do not modify the content, remove proprietary notices, or use it for public or commercial distribution without our prior written consent.

The Site may contain links to third-party websites, products, or services. We provide those links for convenience only and do not control or endorse the linked websites, products, or services. Your use of third-party websites and services is at your own risk and may be governed by separate terms and privacy policies.

Our collection, use, disclosure, retention, and protection of personal information are described in our Privacy Policy. Please review that policy for information about our privacy practices.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EQUUS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

EQUUS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT SITE CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE. NO INFORMATION OR ADVICE OBTAINED THROUGH THE SITE CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

These disclaimers apply only to the Site and Site content and do not limit any rights or remedies applicable to a product purchase under the applicable Terms and Conditions of Sale or applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUUS AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR CLAIMS ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SITE OR SITE CONTENT, THE TOTAL AGGREGATE LIABILITY OF EQUUS WILL NOT EXCEED $50.

The limitations in this Section do not apply to liability that cannot legally be limited or excluded, including liability for fraud, willful misconduct, or personal injury or property damage caused by negligence to the extent such limitation is prohibited by applicable law.

To the maximum extent permitted by law, you agree to indemnify and hold harmless Equus and its affiliates, licensors, service providers, and their respective officers, directors, employees, agents, and representatives from third-party claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your breach of these Terms of Use, or your unlawful, fraudulent, unauthorized, or other misuse of the Site.

We may suspend or terminate your access to the Site or disable an account at any time if we reasonably believe that you have violated these Terms of Use, applicable law, or the rights of another person, or if necessary to protect the Site, our users, or our business. We may also modify, suspend, or discontinue all or part of the Site at any time.

Sections 6 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 14 (Governing Law and Venue), and 15 (Miscellaneous), and any other provision that must survive to give effect to its terms and intended purpose, will survive any suspension, termination, or discontinuation of your access to the Site.

We may update these Terms of Use from time to time. The updated version will be effective when posted on the Site unless a later effective date is stated. Your continued use of the Site after the updated Terms of Use become effective constitutes your acceptance of the changes.

These Terms of Use are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles. To the maximum extent permitted by law, any legal action arising out of or relating to these Terms of Use or your use of the Site must be brought in the state or federal courts located in Hennepin County, Minnesota, and you consent to the jurisdiction of those courts.

Nothing in these Terms of Use is intended to waive or limit any right or protection that cannot be waived or limited under applicable law.

These Terms of Use constitute the entire agreement between you and Equus concerning your use of the Site and supersede prior or contemporaneous agreements concerning that subject matter.

If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later. The headings are for convenience only and have no legal effect.

You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent. We may assign or transfer these Terms of Use without restriction. These Terms of Use do not create a partnership, agency, employment, fiduciary, or joint-venture relationship between you and Equus.

You consent to receiving notices, disclosures, order communications, and other service-related communications from us electronically. Marketing communications, if any, will be sent in accordance with applicable law and any separate preferences or consent. Electronic communications satisfy any legal requirement that the communication be in writing, except where applicable law requires a different form.