These Terms of Service was last updated on July 18th, 2013.
Acceptance of Terms
Welcome to Graphtor™. The graphtor.com website (the "Website") and the Graphtor Rental Service (the "Service") are owned and operated by Graphtor LLC. (hereinafter referred to as "Graphtor","we", "us", or “our”).
These Terms of Service govern your use of the Website and the Services. Graphtor provides the Services and the Website to you subject to these Terms of Service, that we may change occasionally, at our sole discretion, with or without notice to you. As such, you should review the Terms of Service periodically. The most current version of these Terms of Service will always be on this page and will supersede all previous versions. There will always be a link to the most current Terms of Service on the Website homepage. By using, visiting, or browsing the Website and/or using our services, you accept and agree to be bound by the current Terms of Service. If you do not agree to the Terms of Service, you should not use the Service or Website.
Limitations of Use
You must be 18 years of age or older and reside in one of the 50 United States or the District of Columbia to subscribe to the Service. The graphing calculators we distribute and the content on the Website are strictly for personal and non-commercial use. We grant you a limited license to access the Website solely to access the Services. Any unauthorized use of the Website will terminate your subscription and the limited license granted by us.
Description of the Services
Graphtor provides graphing calculators for rental. Rent for a semester or school year. Semester terms are four months from date of rental (Example: You order your calculator on August 15th, we must receive your calculator before December 15th to avoid further charges). School year terms are 10 months from date of rental. You may keep the calculator for as long as you wish. You can choose your preferred calculator, choose your rental length, create an account, and provide your credit/debit card to be billed each month. Your credit/debit card will be billed on the date of a new subscription and on the same date of each month, after the intial rental period, thereafter until the subscription is cancelled by returning the calculator to us or paying the replacement fee.
If you use the Website or the Service, you represent and warrant that all information you supply to Graphtor is complete and accurate. You must have internet access, an email address, and a valid U.S. credit or debit card to use the Service. We do not accept pre-paid or international credit cards. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address, delivery address, telephone number, a current credit or debit card, available funds on card, and billing information. We reserve the right to place any account on hold at anytime (with or without notification to you) in order to protect us from what we believe to be fraudulent activity. You can find the specific details regarding your subscription with Graphtor at anytime by clicking on the "Your Account" link, located at the top of the pages of the Website.
Credit/Debit Card Billing & Subscription Fees
Your Graphtor membership will continue in effect unless and until you cancel your membership or we terminate it. By joining the Service, you agree that we are permitted to charge your credit/debit card for your subscription fee and on a monthly basis after your initial rental period (plus any applicable taxes) until you cancel your subscription by returning the calculator to us or paying the then current replacement fee of your model calculator and any other charges you may incur in connection with your use of the Service. If at anytime there is balance due on your account, you agree that Graphtor can process the charge on your account at any time and as often as needed to bring your account in balance.
Graphtor is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE OR BEFORE COMPLETION OF MINIMUM RENTAL TERM. We also reserve the right to change our fees, but we will notify you in advance if we do so.
You are responsible to keep your credit/debit card and billing information current at all times. This includes having the necessary funds or credit available to cover the monthly charge to your card. If the card on file cannot be charged for whatever reason and it is not replaced before the next billing cycle, a fee of $10 will be added for each month fees are due. After 31 days from the first failed charge attempt, the entire rental term charge will be due along with a calculator replacement fee. Any fees that remain unpaid may be forwarded to a collection agency at that time and will also be subject to an additional collection agency fee of 25%. Customers account will be cancelled and prevented from renting in the future even after all fees and collection agency fees are paid. While accounts are in collections, they will still be charged the regular monthly fee and $10 late charge on the same date as the subscription began each month.
If an overdue account is assigned for collection, you agree to pay all reasonable collection costs, attorney fees, and court costs incurred. It is further agreed that all overdue accounts shall bear interest at the maximum rate allowed by law.
We currently ship five days per week (Monday through Friday) using the United States Postal Service first class mail, priority mail, or express mail as you may choose when using the Service. We do not ship on any USPS holidays or weekends. We will send you an email when we have shipped your calculator and another email when we have received your returned calculator.
Factors that may impact the delivery time are (i) your location; (ii) delivery issues within the USPS system; and (iii) technical problems within Graphtor and/or the internet.
Right to Terminate
We reserve the right to terminate or restrict your subscription, or the use of our Service, without notice, for any reason whatsoever, or for no reason. You may terminate your subscription by providing us with written notice and subject to these Terms of Service or during a subscription term. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE OR BEFORE COMPLETION OF MINIMUM RENTAL TERM.
You may cancel an order only on the same day as the order was placed provided that your order has not already been shipped. In the event that an order has already shipped, you agree to have your credit card or debit card charged for the applicable shipping fee charged at that time. The calculator will need to be received before any adjustments in billing will be made.
Lost, Unreturned and Damaged Calculators
You authorize us to charge your credit card for the current replacement price of the calculator you rented in the following situations:
We determine that you have sent us the wrong calculator rented to your account;
The slide cover and/or battery cover has been lost/damaged;
The rented calculator has been lost;
The rented calculator has been damaged.
You agree that the determination of the damage to the calculator is in our sole discretion.
Calculator Replacement Fees:
Any model - $75
Replacement slide covers are $12 and battery covers are $9.
We recommend that you use shipping with a tracking method to return your calculator if you are unable to use the prepaid shipping label provided to you.
If we charge your credit card for the current replacement price of the calculator you rented, you have 30 calendar days from the date we charge your credit card to return the calculator to us. If we receive the calculator within that 30-day period, we will refund your credit card the amount we charged for the replacement calculator minus any fees.
If the number of lost and/or damaged calculators on your account become excessive, we may place your account on hold or terminate your membership.
If we are able to identify a calculator or other item inadvertently submitted to us as a rental return, we will make a reasonable attempt to return the item to the sender. You hereby release us from any liability arising from the receipt and attempted return of such items.
From time to time, a small number of items on the Website may be mispriced. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
Gift certificates must be bought and redeemed through the Website, and used toward the purchase of a Graphtor Subscription Plan. Gift certificate recipients will need a valid credit card to activate their gift subscription. The recipient's credit card will only be authorized. It will not be charged. Unless the recipient cancels prior to the end of the gift subscription period, Graphtor will begin to bill the recipient's credit card for monthly subscription fees (plus applicable taxes) at the completion of the gift subscription period. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE OR SUBSCRIPTION TERM OR BEFORE COMPLETION OF MINIMUM RENTAL TERM.
Gift certificates cannot be used to purchase additional gift certificates, are not redeemable for cash and cannot be returned for a cash refund. Graphtor is not responsible for lost or stolen gift certificates. We retain the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is redeemed.
In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with the FCBA reporting rules and procedures. In cases of unauthorized credit card use within a household that result in calculator subscriptions, we will credit up to one month of service if the calculators are returned in useable condition via USPS registered mail within 7 days of the date you notify us.
Graphtor Referrals Program Terms
We may, from time to time, offer Graphtor users the opportunity to earn rewards by referring friends to try the Graphtor service ("Graphtor Referrals Program"). Participation in a Referral Program may require users to submit personal information about themselves and their friends, such as name and e-mail address. By participating in a Referral Program, users agree to receive communications from Graphtor, and/or from our partners that operate and maintain the Referral Program, with regards to participation in the Referral Program. The following guidelines shall apply to a user's participation in any Referral Program:
Users may earn one (1) reward for each valid referral. There is no limit to the number of overall rewards that a user may earn.
Only one (1) new Graphtor account per household will count towards earning a reward. If multiple referrals originate from the same household based off of originating IP address and/or credit card billing or shipping address submitted by the referred users, they will be counted as a single referral credit towards earning a reward.
Users must remain Graphtor members for a minimum of 3 monthly membership fee charges or one bundle charge in order to receive credit for their enrollment in the Graphtor Referrals Program.
Users may not submit multiple e-mail addresses and/or multiple credit card numbers to set up Graphtor accounts in an attempt to earn a reward or an additional reward.
Users may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.
A user's eligibility to earn a reward will be based on the ability to make referrals that result in new Graphtor customers, as determined solely by us. Referrals to existing Graphtor customers will not count towards eligibility to earn a reward.
Credit for referrals can only be given out for those referrals who participate using their unique referral code.
Users may not use Spam to obtain referrals. Users may not acquire referrals through unsolicited e-mail to persons unknown to them, or through usenet or message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of that site.
Graphtor does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
Rewards are valued at $3 each.
Rewards can be used towards a future billing cycle or be paid directly to you as determined by us and in the manner we choose.
All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of Graphtor, or its suppliers and is protected by United States and international copyright laws. No content may be reproduced or used without express written permission from Graphtor, LLC. and any other copyright holder.
You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through the Website, not to insert any code or manipulate any content and not to use data mining, data gathering or any other extraction methods.
Graphtor is a trademark of Graphtor LLC. Graphtor's trademarks may not be used in connection with any product or service that is not Graphtor's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Graphtor. All other trademarks not owned by Graphtor that appear on the Website or in/on calculators are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Graphtor. Any images of persons or personalities contained on the Website or in/on calculators shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Web Site and Email Content
Graphtor offers reviews pertaining to the calculators we distribute. Under no circumstances shall Graphtor, LLC or its shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.
Some hyperlinks on the Website and email may lead to other websites that are not owned or controlled by Graphtor, Inc. Graphtor has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. Graphtor makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.
By using the Service, you agree to receive electronic communications from Graphtor. These communications may include information about your account, like shipping and receiving confirmation e-mails, or information related to the Service and features. These communications are part of your subscription to our Service. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.
Your Conduct on the Graphtor.com Website
By using the Website, you agree: (i) not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the Website;(ii) not to interfere in any way with the servers or networks connected to the Website; and (iii) not to conduct yourself in an offensive manner while using our Service and/or our Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose or in any unlawful manner.
User Reviews and Other Content
Visitors may submit reviews, comments, suggestions, ideas, questions, or other content so long as the content is not obscene, threatening, defamatory, or otherwise injurious to third parties or objectionable. Such submissions shall not consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Graphtor reserves the right (but not the obligation) to remove or edit such content. Graphtor is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may send to us (without acknowledgement or compensation) for any purpose.
You and Graphtor expressly and irrevocably agree that State and Federal courts located in Phoenix, Arizona shall have exclusive jurisdiction over any dispute between you and Graphtor. You and Graphtor expressly and irrevocably consent to personal jurisdiction and venue in these courts and waive any claims that the forum is inconvenient. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.
THE CONTENTS OF THE WEBSITE, THE SERVICES, AND THE CALCULATORS WE DELIVER ARE PROVIDED "AS IS" AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THE ACCURACY OR FUNCTIONALITY OF THE WEBSITE, THE SERVICES AND/OR THE CALCULATORS. WE MAKE NO GUARANTEES OR WARRANTIES THAT THE CONTENT OF THE WEBSITE, THE SERVICES AND/OR THE CALCULATORS WILL BE UNINTERRUPTED OR ERROR-FREE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, IN PERFORMANCE OF THE SERVICES AND IN DELIVERY OF THE CALCULATORS, 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, GRAPHTOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE WEBSITE, THE SERVICES AND THE CALCULATORS WE DELIVER, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.
Limitations on Liability
IN NO EVENT SHALL GRAPHTOR LLC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY PERSONAL INJURY, 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 THE DAMAGES, AND ON ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE SERVICES AND THE CALCULATORS OR THE INFORMATION ON OUR WEBSITE.
IN NO EVENT SHALL GRAPHTOR, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND TO YOUR EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CALCULATORS. WHILE GRAPHTOR WILL MAKE A REASONABLE EFFORT TO RETURN ANY CUSTOMER'S PROPERTY IT RECEIVES, GRAPHTOR 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.
This Terms of Service contain the entire agreement between the parties with respect to the matters covered in this Agreement. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Graphtor by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties with respect to the subject matter contained in these Terms of Service.