Terms

This document covers the terms of use and sales with this website .

 

Terms of Use (site) :

This site ( www.creationmachines.org ) is the property of Creation Machines , LLC . IF YOU VISIT OR SHOP AT THIS SITE , YOU ACCEPT THESE TERMS AND CONDITIONS .

Creation Machines , LLC does not warrant this site or any content , videos , or service of the site will be error-free or uninterrupted , or that any defects will be corrected , or that your use of the site will provide specific results . This site and its content and videos are delivered on an “as-is” and “as-available” basis . Creation Machines , LLC does not guarantee that any files or other data you download from this site will be free from viruses or other destructive features . Creation Machines , LLC disclaims all warranties, express or implied , including any warranties of accuracy , non-infringement , merchantability , and fitness for a particular purpose . Creation Machines , LLC disclaims any and all liability for the acts , omissions and conduct of any third parties in connection with or related to your use of the site and/or any Creation Machines , LLC services . You assume total responsibility for your use of the site , third party content posted on the site , site content , videos , and reliance on linked sites .

Creation Machines , LLC reserves the right to modify these terms at any time , without notice . It is your responsibility to periodically check the terms of this site for changes . Creation Machines , LLC may also make changes to the goods and services offered , as well as to their prices . Your continued use of this site means you accept these changes .

All trademarks , logos , text , graphics , pictures, interfaces , videos , sounds , music , art , and code (“content”), including but not limited to the design , selection , “look and feel” , compilation , and arrangement of such content , is protected by copyright , trademark , and various other intellectual property laws .

This site might require you to open an account in order in order to purchase goods or services , for communication purposes or to access content . It is your responsibility to maintain the confidentiality of your account name , password and other information and you are furthermore responsible for any activity that occurs under your account . Creation Machines , LLC is not liable for any damages or loss if you do not comply with this responsibility .

Creation Machines , LLC might provide links from this site . These links are solely provided as a convenience and are not under the control of Creation Machines , LLC . Any linked site does not necessarily imply an endorsement and Creation Machines , LLC is not responsible for any information or content provided by these sites .

Except where prohibited by law , in no event will Creation Machines , LLC be liable to you for any indirect , consequential , exemplary , special , incidental , or punitive damages , including lost profits or loss of programs or other data , even if Creation Machines , LLC has been advised of the possibility of such damages . Your sole remedy against Creation Machines , LLC for dissatisfaction with this site or any content is to stop using the site or any such content .

You agree to indemnify and hold Creation Machines , LLC , its officers , directors , shareholders , predecessors , successors in interest , employees , agents , subsidiaries and affiliates , harmless from any demands , loss , liability , claims or expenses ( including reasonable attorneys’ fees ) , made against Creation Machines , LLC by any third party due to or arising out of or in connection with your use of this site .

Creation Machines , LLC may disclose any information we have about you ( including your identity or your communications with Creation Machines , LLC through the site ) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Creation Machines , LLC’s rights or property, or the rights or property of users of the site . Creation Machines , LLC reserves the right at all times to disclose any information that Creation Machines , LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. Creation Machines , LLC also may disclose your information when Creation Machines , LLC determines that applicable law requires or permits such disclosure , including exchanging information with other companies and organizations for fraud protection purposes , or if Creation Machines , LLC determines disclosure is reasonably necessary to protect the rights, property or personal safety of Creation Machines , LLC , its employees, users or visitors to the site, and the public .

Any offer for any feature, product or service on the site is void where prohibited .

 

TERMS & CONDITIONS OF SALE

These terms of sale apply to all sales made from the web site located at www.creationmachines.org (this site) and phone numbers and email addresses linked to this site by Creation Machines , LLC . IF YOU VISIT OR SHOP AT THIS SITE, YOU ACCEPT THESE TERMS OF SALE .

Disclaimers :

As permitted by applicable law , Creation Machines , LLC specifically disclaims all statutory or implied warranties , including , without limitation , warranties of merchantability , fitness for a particular purpose and warranties against hidden or latent defects .
If Creation Machines , LLC cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law , all such warranties shall be limited in duration to the statutory maximum in the applicable jurisdiction or for the duration of this express warranty and to repair or replacement service as determined by Creation Machines , LLC in its sole discretion .
Except as specifically provided otherwise , and to the extent permitted by law , Creation Machines , LLC is not responsible for direct , indirect , special , incidental or consequential damages resulting from any breach of warranty or condition , or under any other legal theory, including but not limited to loss of use ; loss of revenue ; loss of profits ; loss of anticipated savings ; loss of business ; loss of opportunity ; loss of goodwill ; damage to or corruption of data ; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property , any costs of recovering , programming , or reproducing any program or data stored or used with Creation Machines , LLC products (or with your products that Creation Machines , LLC has serviced) and any failure to maintain the confidentiality of data stored on the product .
Creation Machines , LLC disclaims any representation that it will be able to repair any product or make a product exchange without risk to or loss of the programs or data .

Return and Refund Policy :

If you are not satisfied with your Creation Machines , LLC product purchase, you must obtain a Return Merchandise Authorization (RMA) within 14 days of receipt of said product . RMA numbers expire within 14 days of issuance . Please call or write us for a number . Returns without a valid RMA number prominently displayed on the outside of the package will not be accepted .

Creation Machines , LLC disclaims all liability for products returned without a valid RMA number, as well as for all products returned without proper authorization for return pursuant to the RMA . You hereby waive any claims for damage or loss as a result of your unauthorized return of products to Creation Machines , LLC .

Please include a copy of your original invoice inside the package with the item returned circled . Items must be returned complete , unaltered , and with original product materials and packaging for full refund and to prevent the possibility of additional return fees or possible rejection of the product .

IT IS EXTREMELY IMPORTANT THAT ALL WORKSTATION COMPUTER(S) ARE RETURNED USING ALL THE ORIGINAL PACKAGING USED TO SHIP THESE PRODUCT(S) TO YOU , UNLESS OTHERWISE DAMAGED . IF THIS PACKAGING IS DAMAGED OR MISSING , PLEASE REQUEST REPLACEMENT PACKAGING BEFORE RETURNING THESE PRODUCT(S) . FAILURE TO COMPLY MAY RESULT IN DAMAGE TO YOUR PRODUCT(S) FOR WHICH CREATION MACHINES , LLC DISCLAIMS ALL LIABILITY FOR . THERE MAY BE AN ADDITIONAL FEE TO DELIVER THIS PACKAGING TO YOU .

Creation Machines , LLC does not permit the return of or offer refunds for the following products :

1 ) CTO ( Configure to Order ) Workstations .

2 ) BTO ( Build to Order ) Workstations .

3 ) SPC ( Special ) Workstations .

4 ) External GPU card(s) or arrays , especially ( but not limited to ) those used for GPGPU purposes .

5 ) Customer authorized repair parts or upgrade components , or for the installation of the same .

6 ) Software products for which a license is required , or products containing such installed .

Please refer to the glossary at the end of this agreement for a definition of certain terms used herein .

You will be responsible for any loss or damage to the product during return shipping unless otherwise specifically provided by Creation Machines , LLC . Creation Machines , LLC recommends that you use a carrier that offers shipment tracking for all returns and either insure your package for safe return or declare the full value of the shipment so that you are protected if the shipment is lost or damaged in transit .

Creation Machines , LLC reserves the right to refuse a return , should any of the components be missing from the return shipment. If Creation Machines , LLC accepts a return with missing components, Creation Machines , LLC further reserves the right to assess the customer replacement fees for those components missing, as per fair market value .

SHOULD A PRODUCT NOT SOLD TO YOU BY US BE SHIPPED TO CREATION MACHINES , LLC IN A RETURN, CREATION MACHINES , LLC HAS THE RIGHT TO REFUSE THE RETURN . IF CREATION MACHINES , LLC ACCEPTS A RETURN WITH A PRODUCT NOT SOLD TO YOU BY US , CREATION MACHINES , LLC DOES NOT WARRANT OR TAKE RESPONSIBILITY FOR THESE NON-CREATION MACHINES , LLC SOLD ITEMS THEMSELVES OR ANY DATA LOCATED ON SAID ITEMS . CUSTOMER SHOULD NOTIFY CREATION MACHINES , LLC IF THEY INTEND TO SEND NON-CREATION MACHINES , LLC SOLD PRODUCTS DURING THE RETURN PROCESS . CREATION MACHINES , LLC WILL MAKE EVERY ATTEMPT TO ACCOMMODATE OUR CUSTOMER’S REQUESTS, BUT WILL NOT ACCEPT RESPONSIBILITY FOR SUCH ITEMS. NON-CREATION MACHINES , LLC SOLD ITEMS ARE SENT AT THE CUSTOMER’S RISK .

All transactions, including returns, refunds and exchanges are performed in USD currency .

Hours of operation :

We are open for business between 10:30 AM and 6 PM , Monday through Friday and between 10:30 AM and 2:00 PM on Saturday CST . We are closed on Sundays and announced religious and secular holidays . We are open for business on most U.S. Federal holidays .

Communication guarantees :

We will attempt to respond to your communication in a timely fashion , but as we are a small shop there is no guarantee made by us of a response within a certain period of time .

Payment method :

All sales must be made online through our website shopping cart or through a PayPal invoice . Currently , we accept PayPal , credit and debit cards through PayPal and direct bank / wire transfers . For certain products , we can issue you a PayPal invoice , payment of which is due upon receipt . We are not able to accept sales by phone at this time .

We will ship your order only to the verified address associated with your payment method , as an anti-fraud measure .

If the credit or debit card authorization is declined , your order is put on hold until a successful authorization is obtained . At Creation Machines , LLC’s discretion , your order may be cancelled .

Order Processing and Pricing :

Shipment dates on your order are based on product availability, payment processing time, and warehouse processing time and do not include transit time. Creation Machines , LLC does not begin order processing until Creation Machines , LLC receives all of the information that it needs and full payment or a full authorization, in the case of credit/debit card. Creation Machines , LLC may begin payment processing for orders placed on weekends or holidays on the next business day .

Creation Machines , LLC reserves the right to change prices for products displayed on-line at any time and particularly to correct pricing errors . Creation Machines , LLC is not responsible for typographical errors . Creation Machines , LLC reserves the right to cancel any order you have placed if there was a typographical error on this Site concerning the pricing or availability of any item you ordered when you placed the order . Your total order price will include the price of the product on the day of shipping plus any applicable sales tax and shipping charges .

ALL TRANSACTIONS , INCLUDING RETURNS , REFUNDS AND EXCHANGES ARE PERFORMED IN USD CURRENCY . IF PAYMENT IS MADE BY DIRECT BANK / WIRE TRANSFER , ANY FEES CHARGED BY THE PURCHASER’S BANK OR ANY INTERMEDIARY BANKS BETWEEN THE PURCHASER’S BANK AND CREATION MACHINES , LLC’S BANK ARE THE RESPONSIBILITY OF THE PURCHASER .

Sales Tax :
Purchasers are responsible for any and all federal , state , and local taxes arising out of the sale of the products or services through this site . In addition to the price of your purchases , Creation Machines , LLC may charge you sales tax based on your shipping address and the sales tax rate in effect at the time your order is billed . All orders shipping to Illinois are subject to applicable sales taxes . All transactions , including returns , refunds and exchanges are performed in USD currency .

Shipping :

Unless otherwise noted, shipping and handling charges will be shown as additional charges on your invoice . Products shipped via standard service are normally delivered within seven business days after shipment , but Creation Machines , LLC makes no guarantee as to delivery dates . For an additional charge , Creation Machines , LLC offers expedited shipping options on most Creation Machines , LLC products . As the delivery of your order is beyond Creation Machines , LLC’s control once your order leaves Creation Machines , LLC’s facilities, Creation Machines , LLC cannot assume liability for late deliveries , regardless of the delivery method you specify . Please note most deliveries require a signature . Occasionally packages are returned to Creation Machines , LLC as undeliverable . When the carrier returns an undeliverable package to Creation Machines , LLC , please contact Creation Machines , LLC to make arrangements for reshipment . Creation Machines , LLC reserves the right to charge you a 15% restocking fee on all refused or failed delivery , as well as all charges incurred by Creation Machines , LLC in the return and retrieval of refused orders , including but not limited to taxes and return shipping costs . These fees maybe collected by the carrier or Creation Machines , LLC .

Creation Machines , LLC currently offers various shipping options through FedEx and the United States Postal Service providing delivery of purchased items only to the following location : the Continental USA . Creation Machines , LLC does not ship to Alaska , Hawaii , any US Territory or any area outside of the United States .

Force Majeure :

Creation Machines , LLC shall not be liable for any losses , damages , or costs resulting from a delay caused by circumstances beyond Creation Machines , LLC’s control , including , but not limited to , acts of God , floods , acts of war or terrorism , strikes , material or labor shortages , accidents and other disasters , riots or insurrections , embargoes , or other delays in transportation or production beyond Creation Machines , LLC’s reasonable control .
Product Warranties :

Creation Machines , LLC sells workstations , workstations parts and performs upgrades and repair service of the same . Creation Machines , LLC products and services may carry a limited warranty against defects in materials and workmanship . The existence , if any , and term period of the warranty is posted on the product’s or service’s page of this site .

Creation Machines , LLC also sells “AS IS” products as is, where is, and with all faults, and without express or implied warranties from Creation Machines , LLC .
BY PURCHASING FROM THIS SITE , YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO REVIEW THE APPLICABLE WARRANTY TERMS , HAVE DONE SO TO THE DEGREE YOU NEED TO BE FAMILIAR WITH THEM , AND YOU ACCEPT THEIR TERMS AND CONDITIONS , INCLUDING THE LIMITATIONS , EXCLUSIONS , AND DISCLAIMERS THEREIN .

Creation Machines , LLC is not responsible for damage arising from lost passwords or failure to follow instructions relating to a product’s use , installation , maintenance , shipping or storage . Creation Machines , LLC is not responsible for : (a) damage to consumable parts , such as batteries, (b) cosmetic damage, including but not limited to scratches and dents ; (c) damage caused by use with non-Creation Machines , LLC provided products ; (d) damage caused by accident , abuse , misuse, flood , fire , earthquake , or other external causes ; (e) damage caused by operating the product outside the permitted or intended uses as described by Creation Machines , LLC ; (f) damage caused by service ( including upgrades and expansions ) performed by anyone who is not a representative of Creation Machines , LLC or a Creation Machines , LLC authorized service provider ; (g) a product or part that has been modified to alter functionality or capability without the written permission of Creation Machines , LLC or (h) any product where the serial number , item number , hallmark or maker’s mark has been removed or defaced .

In the case of a replacement , Creation Machines , LLC reserves the right to replace defective products under warranty with an equivalent or higher graded item . In limited cases Creation Machines , LLC may choose to issue a refund , at its sole discretion , reflecting the warranty remaining on the product .

Incomplete or Damaged Shipments; Exchanges :

If you receive a shipment that is incomplete, incorrect, or physically damaged, this must be reported to Creation Machines , LLC within 48 hours of shipment receipt . Creation Machines , LLC does allow the exchange of approved items . Please see the Returns Policy for the specific terms pertaining to your product . You must obtain a Return Merchandise Authorization (RMA) to exchange your product. To obtain an RMA number, follow the terms and conditions for return authorization set forth above. The same rules and restrictions apply.
When a direct replacement for the exact model number or part number is not available, Creation Machines , LLC reserves the right to exchange the product with a product that is equivalent or better in performance and reliability and is at least functionally equivalent to the original product , or to refund the product purchase price .

Protection of Data :

If your product is capable of storing software programs , data and other information , you should make periodic backup copies of the information contained on the product’s storage device (e.g. hard drive , SSD ) or other storage media to protect the contents and as a precaution against possible operational failures .
Before you deliver your product for warranty service , it is your responsibility to keep a separate backup copy of the contents, and disable any security passwords . It is possible that the contents of your storage device ( e.g. hard drive , SSD ) or other product will be lost or reformatted in the course of service , and Creation Machines , LLC and its employees and agents are not responsible for any damage to or loss of programs , data , or other information contained on the media or any part of the product serviced .

While Creation Machines , LLC does not generally, during the course of completing service or repairs, review the personal data, information, or content stored in customer devices, such data, information, or content may be viewed inadvertently or purposely at the request of customer or as needed to complete repairs or service . Any personal information the customer does not wish to be viewed should be removed prior to return to Creation Machines , LLC . Creation Machines , LLC reserves the right at all times to disclose any such data, content, or information that Creation Machines , LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request .

Data Loss :

CREATION MACHINES , LLC IS NOT RESPONSIBLE FOR ANY LOSS , CORRUPTION OR DESTRUCTION OF DATA ON ANY STORAGE DEVICE (E.G. HARD DRIVE , SSD ) . Creation Machines , LLC will not be held liable in any manner for the recovery or restoration of any data lost . To maximize your data protection, Creation Machines , LLC recommends that you keep an additional copy of your data in a completely different location .

Creation Machines , LLC sells a wide variety of hardware and software products from multiple manufacturers and software companies and cannot control all aspects of manufacturing , delivery or use . As a result , Creation Machines , LLC is not responsible for special , incidental , or consequential damages including but not limited to , lost profits , downtime , technician fees , loss of goodwill , damage to or replacement of equipment and property , and any costs of recovering , reprogramming , or reproducing any program or data stored in or used with any product purchased from Creation Machines , LLC . Additionally , Creation Machines , LLC is not responsible for any problem that is caused by (a) commercial use ; accident ; abuse ; neglect ; shock ; electrostatic discharge ; heat or humidity beyond product specifications ; improper installation ; operation ; maintenance or modification ; or (b) any misuse contrary to the instructions in the user manual ; or (c) lost passwords ; or (d) malfunctions caused by other equipment .

Glossary :

BTO ( Built to Order ) Workstations . Is a custom workstation that is designed and manufactured in accordance with customer specification and is not built until a confirmed order has been received .

CTO ( Configure to Order ) Workstations . Is a retail workstation that has its hardware and / or software configuration significantly modified in accordance with customer specification and as such is considered a custom product .

SPC ( Special ) Workstations . Are workstations that are working prototypes or experimental devices . These products are provided without any warranties . No returns or refunds are permitted .