Last Updated: May 04, 2023
Welcome to Tropical-IT.com (“Site”), which is owned and operated by Tropical IT Inc. (hereinafter referred to as “Tropical IT”, “we”, “our”, or “us”). These Terms and Conditions (these “Terms”) govern your use of the Site and purchase of products, solutions, and services through the Site.
Introduction
This is a binding contract between you and Tropical IT. By accessing, using and/or purchasing anything on the Site, you accept and agree to be bound by these Terms, including the Tropical IT policies referenced and incorporated herein and/or available by hyperlink. You may not access or use the Site or any of the features available through the Site unless you agree to these Terms. Please read these Terms carefully. You may not proceed to the Site until you have read these Terms and accepted them. Your use of the Site constitutes acceptance of these Terms. In the case you bypass these Terms for any reason, said Terms will apply to you at every moment in which you use and/or enter the Site. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. We reserve the right to refuse Service to anyone for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Tropical IT may periodically modify these Terms from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any new services, features or tools which are added to the current store shall also be subject to the Terms.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services.
Account
Some of the features of the Site may require you to create a user account, and if you access the Site through a mobile network provider’s messaging, data and other fees may apply. To access certain areas of our website, you may be required to set a password. You are responsible for maintaining the confidentiality of your password and account information, and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
We may require you to change your password from time to time for security purposes. You agree to cooperate with us in this regard.
You acknowledge and agree that we may access, preserve, and disclose your account information and any content or information you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content or information you submit violates the rights of third parties; (d) protect our rights, property, or personal safety, or that of our users and the public; or (e) administer and manage the website or services provided.
Products
We provide Information Technology products which are distributed between the following disciplines (“Products”):
-
Audio and Video: LED and LCD Screens, Projectors, projector screens, Video Walls, mounts for these equipments to the wall, ceiling, floor, stands, active and passive speakers, power amplifiers, digital sound processors, mixers, wired and wireless microphones, assistive listening devices, ceiling microphones, smart microphones, all in one soundbars with microphones included, all in one soundbars with microphones and cameras included, professional grade video cameras for streaming, pan tilt zoom (PTZ) cameras, webcams, security cameras, video matrix switchers, audio-video control systems, touchscreens, tablets, scheduling devices, sensors, OEM cables, bulk cables, connectors, digital and analog signal encoders and decoders, software licenses, product licenses, cloud services, racks, power distribution units, rack cooling systems, screws and other materials.
-
Networking: Network managed and unmanaged switches, firewall, patch panels, patch cords, connectors, OEM cables, bulk cables, access points, routers, UPSs, power distribution units, racks, servers, screws, testing tools, optical modules and connectors, fiber optics, fiber tools, and some other networking related products.
-
Data Center: Networking related products, servers, hard disk drives, solid state drives, serverless solutions, storage devices, compute devices, Serial consoles, nodegrid routers and consoles, fiber optics, fiber tools, racks, shelves, 4 post racks, and other data center related products.
-
End User Computers: Personal computers, workstations, tablets, displays, headsets, webcams, mouse pads, backpacks, peripherals and accessories, other work from home related products.
Through the Site, you can purchase the Products for personal or business use by adding them to the shopping cart, checking out and making payments using one of the payment methods established in section “Price and Payment” to conclude the order. A confirmation email will be sent to the email address you provide.
You can also purchase products and solutions for resale, for example, customized label or package solutions for resale, upon authorization from Tropical IT. Contact us for custom or special orders. Unless otherwise provided in writing, these Terms will apply to such orders.
The Products available through the Site are subject to stock and change. Tropical IT is not responsible for any inconvenience or losses resulting from unavailability of stock. Tropical may or may not include a statement on the Site indicating stock status, such as "limited stock available" or "in stock and ready to ship". In the event that stock levels change and your order cannot be fulfilled, options for cancellation or substitution of the Product may apply.
In some cases, the Products may be subject to additional terms. Tropical IT will notify you of these additional terms in connection with the applicable Product.
Intellectual Property Rights and License
Ownership of Intellectual Property
All of the content and materials, including website design, aesthetic features, color scheme, visual elements and images, and the sequence and arrangement of visual elements on the website, available on, or accessed through our Site, are protected by copyright and other applicable intellectual property laws and are owned by Tropical IT or its licensors or licensees. Further, all trademarks or service marks, including the Tropical IT and design logo, tropical-it.com and design logo, trade names, trade dress, and other indicia identifying the Site and our products, solutions, and services, and all brand names of products offered for sale on the Site (collectively, the “Intellectual Property”) are owned by Tropical IT and/or the applicable owners. Except for the limited license below, you do not obtain any rights in the Intellectual Property or in any of the products, services, or solutions available on the Site by your use of the Site. All rights in the Site and its content and the products, solutions, and any service deliverables are reserved to their respective owners.
For custom or special orders in which you provide intellectual property to be applied to customized products or packaging, you retain all rights.
Limited License and Restrictions
Subject to these Terms, Tropical IT grants you a personal, non-transferable, non-exclusive, and revocable limited license to access and use the Site for the purpose of browsing and ordering products, solutions and/or services. Tropical IT reserves the right to revoke this license at its sole discretion upon notice to you, in which case, you will immediately stop all use of the Site.
This license grant is subject to the following restrictions:
* You may resell or distribute any of the Site Products or make derivatives of, or publicly display the Products. Tropical IT will not be liable for any issues that arise during the resale process, such as disputes, claims made by your customers or any third parties and/or fraudulent transactions. You will be responsible for obtaining all licenses, rights and permits from the intellectual property owners of the Products and we will not be liable, and you agree to indemnify and defend Tropical IT, from any intellectual property violations and/or breaches. You will be responsible for communicating and disclosing to your customers and/or third parties about the conditions of the Products being resold. You will be responsible for complying with all applicable laws and regulations related to the sale of goods, including consumer protection laws and any tax obligations;
* You may not copy the Site website design, or its aesthetic features, color schemes, visual elements, images, or the sequence and arrangement of the Site for any commercial purpose;
* You may not use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any content available on the Site and/or to collect and/or track personal information of third parties;
* You may not publish, post, or upload any content on the Site in violation of these Terms or the rights of a third party, including that party's copyright or trademark rights;
* You may not falsify or delete any intellectual property or legal notice from any file or content you upload or post on the Site, or infringe upon or violate our intellectual property rights or the intellectual property rights of third parties;
* You may not violate these Terms or any applicable laws in connection with your access and use of the Site or purchased products, solutions, or services;
* You may not use the Site for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; and/or for any obscene or immoral purpose;
* You may not use the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
* You may not submit false or misleading information; or
* You may not use the Site to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Site for violating any of the prohibited uses, either mentioned above or at our sole discretion.
Custom Order
If, under an applicable order, you request Tropical IT to attach or display your trademarks on Products or packaging, then (i) you represent that you have all rights necessary to provide and use such trademarks; (ii) you grant Tropical IT a limited, revocable, royalty-free right and license to apply such trademarks to the products and packaging if requested by you in an applicable order; and (iii) you agree to defend, indemnify, and hold Tropical IT harmless from any claim, suit, damages, and associated costs and expenses arising out of your use of such marks on products or packaging.
We are not responsible for any modifications or alterations made by you to our products. This includes but is not limited to upgrades, additions, or replacements of components such as memory, hard drives, or other hardware and/or software. Any such modifications may void the product warranty and may also result in damage to the product. It is your responsibility to ensure that any modifications made to the product are done so at your own risk and with proper knowledge and expertise.
Intellectual Property Complaints
We will respond appropriately to notices of alleged intellectual property infringement. If you own intellectual property posted on the Site and believe that your intellectual property rights in that work are being infringed upon, you may provide notice to Tropical IT via email to terms@tropical-it.com.
Personal Information
We may collect certain information, including, but not limited to, personal information such as name (including company name), address, credit/debit card information, banking details, email, phone number, from you to properly operate the Site, to register your user account, to fulfill purchase orders, or to schedule service appointments, if applicable, or to enable certain features on the Site. Please review our Privacy Policy regarding our collection and use of your information.
Price and Payment
We offer the products and solutions on the Site at published or quoted prices. These prices are subject to the following: (a) published prices are subject to change without notice; (b) shipments will be billed at the prices in effect on the date of Tropical IT’s acceptance of your order or the prices in effect on the date of the shipment; (c) published or quoted prices may or may not include taxes, duties, insurance, applicable interstate taxes or shipping cost under the actual circumstances or policies, and you may be responsible for paying any applicable tariff or import fee for customs clearance; (d) Tropical IT reserves the right at any time to modify or discontinue any product or service offered on the Site without notice at any time; (e) we may, in our sole discretion, limit or cancel quantities purchased per person or per order; and (f) although Tropical IT will undertake all the necessary tasks to include final prices at the moment of paying for the Products, you agree that certain fees and/or taxes may apply after payment due to interstate regulations of certain countries. Tropical IT shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or any additional fees, taxes, import costs, storage fees, demurrage charges or any other costs that may apply in certain jurisdictions.
You agree to provide current, complete, and accurate billing information when you make payments for purchased Products, solutions, or services. For example, your billing name and address must match the information that appears on your payment card. We reserve the right to cancel any order without advance notice to you if we suspect that you provided erroneous information, if we suspect a fraudulent transaction, if it is done in violation of these Terms or if it appears to be placed by dealers, resellers or distributors. We will handle any personal information you provide to us directly in accordance with our Privacy Policy. Depending on your method of payment, other third-party privacy policies may apply to the extent you provide personal data to third parties. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You may correct an order up to 3 (three) days after placing it. However, you may not cancel an order once we begin processing the order, or please contact us for further checking. In addition, any order containing customizations or other special accommodations cannot be changed or cancelled after we begin processing the order.
We accept the following methods of payment:
* Credit / Debit Card: If you select to pay via credit / debit card, the payment transaction will be handled by a third-party credit / debit card company. A transaction fee may be charged by the third party. Your payment using this method is subject to the applicable company’s terms and conditions.
* Bank Transfer: On the checkout page, Tropical IT provides bank account details for you to complete payment by bank transfer. Tropical IT, at its discretion, will check the payable amount and update the payment status regularly. You can also keep the payment receipt issued by your bank and send it to Tropical IT to confirm and update your payment status.
Products or Services
Certain Products may be available exclusively online through the Site. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate nor that the colors of the real product will be as the color displayed in the Site.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. The Products purchased on this Site are covered by the manufacturer's warranty, which is provided with the Product. Tropical IT does not provide any additional warranties or guarantees beyond those offered by the manufacturer. Any warranty claims must be made directly with the manufacturer in accordance with their terms and conditions. You refrain from making any claims against Tropical IT and shall indemnify and defend Tropical IT from any claims made by third parties regarding the warranties of the Products.
Replacement and refund Policy
In case a Product has any manufacturing defects, you shall inform Tropical IT within the following 15 (fifteen) days in order to obtain a replacement of said Product. Tropical reserves the right to inspect the Product and determine under its own discretion if said Product may be considered defective or not, and hence be eligible for a replacement. In case the 15 (fifteen) day term is due and you have not duly informed Tropical IT about the defective Product, the manufacturer warranty may still apply and, in such case, you shall contact the manufacturer directly as it is instructed in the corresponding manufacturer warranty. It may be the case in which you may request for a refund for the price paid for the Product and Tropical IT shall decide, under its own discretion whether to provide a refund or not. Nevertheless, in case a certain product has already been shipped to Latin America and/or to the country of destination informed by you, you may get a refund for the price of the Product, but not for, but not limited to, the distribution, import taxes, fees, storage and other costs incurred in the delivery of the Product.
In case you may have an additional request on this matter, please send us an email to support@tropical-it.com and we will provide you with further assistance.
Delivery Terms
Tropical IT will ship purchased products within a commercially reasonable period to the address specified in your order. You agree that any delivery date for products stated in the order, or otherwise in writing, is an estimate, and Tropical IT will not be liable for failure to deliver the products by that date. However, Tropical IT will make commercially reasonable efforts to ensure that your ordered products are shipped and delivered by the estimated delivery date. In order to meet the delivery date, your ordered products may be shipped in multiple packages. We may charge you additional fees if you need to change the shipping address for your order. Please inform us within the following 15 (fifteen) days from the date in which you received the product of any loss or damage and we may guide you about the remedy procedures. Contact us if you have questions about your order. If you do not notify us within that period, then the delivered products will be deemed accepted by you.
Customer Service
You can contact our customer service for questions or suggestions on weekdays by dropping an email to support@tropical-it.com.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL TROPICAL IT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT LOSS OR DAMAGE OF ANY KIND, HOWEVER CAUSED. IN NO EVENT WILL TROPICAL IT BE LIABLE FOR ANY SUM GREATER THAN THE PURCHASE PRICE RECEIVED BY TROPICAL IT FOR THE RELEVANT PRODUCT(S). TROPICAL IT WILL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS AGAINST YOU AND / OR THIRD-PARTY CLAIMS AGAINST TROPICAL IT, EVEN IF SUCH CLAIMS ARE IN CONNECTION WITH THE PRODUCTS, SOLUTIONS, OR DELIVERABLES DELIVERED HEREUNDER.
Site Access
The Site will be available for access to the general public. However, we do not guarantee that the Site will be accessible at all times uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. Your access to the Site may be temporarily suspended due to system errors, maintenance windows or for any reason beyond our control. Further, we may suspend or terminate your access to or use of the Site at our sole discretion and without prior notice to you if you violate any of these Terms. You acknowledge that your use of, or inability to use, the Site is at your sole risk and we are not liable for any losses or damages, including loss of your content, resulting from the suspension or termination of your access to or use of the Site. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Indemnification
You agree to indemnify, defend, and hold Tropical IT, its officers, directors, employees, agents, licensors, affiliates, interns, contractors, service providers and suppliers harmless from and against all injuries, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and costs, resulting from (a) your infringement of any third-party's rights, including intellectual property rights, (b) your violation of these Terms or any activity related to use of the Site by any party on your behalf, (c) your use of Site and/or purchase of products and/or services, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site, the products and services or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility, and (d) any conflict or claim that may arise pursuant to the reselling of Products to third parties.
In case some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Third-Party Links
The Site may provide links, tools, websites, information, content, and services offered by, or maintained by, third parties (the “Third-Party Links”), which Tropical IT is not affiliated with, does not monitor nor have any control nor input. You acknowledge and agree that we provide access to such Third-Party Links ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any derivatives of Third-Party Links, or for any other materials, products, or services of third-parties. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party Links. If you decide to access or use any Third-Party Links, you do so exclusively at your own risk and you waive and release Tropical IT from all claims associated with them. Your use of such Third-Party Links is subject to each website’s privacy policy, conditions of use, and other terms. You are solely responsible for reading and complying with them. Complaints, claims, concerns, or questions regarding third-party products should be directed to such third-party.
Communications and Feedback
We welcome your feedback and comments on the Site. You acknowledge that in your communications with us, unless we specifically state so, we do not solicit or desire to receive any confidential, secret, or proprietary information from you. You agree that any suggestions, comments, content, feedback, or ideas (“Your Content”) you submit to us relating to our products, solutions, or services will be treated as non-confidential and we will not assume any responsibility, obligation, or liability for such information. We are and shall be under no obligation (1) to maintain Your Content in confidence; (2) to pay you any compensation for Your Content; or (3) to respond to Your Content.
By submitting or sending Your Content to Tropical IT, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to reproduce, distribute, publish, modify, publicly perform, prepare derivative works based upon, and otherwise use or exploit, Your Content. You represent and warrant that you have the right to make the foregoing grant and that Your Content is accurate and does not infringe any right of any third party, including any intellectual property, copyright, trademark, privacy, personality or other personal or proprietary right.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Export and Import Licenses
Products and technical know-how supplied by Tropical IT are intended for use and to remain in the country of delivery in the order. If you purchase products from Tropical IT for resale, you agree that if you intend to export such products, you may be required to obtain appropriate licenses and you will be subject to the trade laws and regulations of the applicable country of delivery. You are responsible for obtaining any necessary license(s) from the appropriate foreign trade authorities before exporting purchased products. You agree and acknowledge that Tropical IT has no liability whatsoever for your export of such products.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
General
These Terms, together with all referenced Tropical IT policies herein and the terms of any custom or special order between you and Tropical IT, constitute the entire agreement (“Agreement”) between you and Tropical IT concerning your use of the Site and purchase of products, solutions, or services. This Agreement supersedes any prior agreements between you and Tropical IT regarding your use of the Site or purchase of Tropical IT products, solutions, or services.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site. Notwithstanding the aforementioned, if you continue using the Site after Termination, these Terms shall continue to apply to you.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Governing Law
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United States, without giving effect to its principles on conflict of laws.
Contact Us
If you have any questions or comments about these Terms, please contact us by an email to terms@tropical-it.com.
Address for service of notices for Tropical IT Inc:
230 nevada ave, moss beach, ca, 94038