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Terms Of Use
Welcome to the PC
MicroWorks Corporation E-Store. By using our site, you are agreeing
to comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these
terms, you should not use this site. The term "PC MicroWorks," "us"
or "our" refers to PC MicroWorks Corporation, the legal name of the
owner of the Web site. The term "you" refers to the user or viewer
of our Web Site.
1. Acceptance of
Agreement.
You agree to the
terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended at
any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review
this Agreement prior to using the Site.
2. Copyright.
The content,
organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by
Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information
and materials. Some of the content on the site is the copyrighted
work of third parties.
3. Trademarks &
Service Marks
"PC MicroWorks",
"pcmicroworks.com", and others are our service marks or registered
service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
4. Limited License;
Permitted Uses.
You are granted a
non-exclusive, non-transferable, revocable license (a) to access and
use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and
(c) to print out discrete information from the Site solely for
internal, personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained therein. No
print out or electronic version of any part of the Site or its
contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
5. Restrictions and
Prohibitions on Use.
Your license for
access and use of the Site and any information, materials or
documents (collectively defined as "Content and Materials") therein
are subject to the following restrictions and prohibitions on use:
You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any Content
and Materials retrieved from it; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind,
including through sale, license, lease, rental, subscription, or any
other commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary notice
or terms of use contained in the Site; (f) make any portion of the
Site available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the
future; (g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the Site,
in violation of the export control laws or regulations of the United
States.
6. Forms, Agreements
& Documents.
We may make available
through the Site or through other Web sites sample and actual forms,
checklists, business documents and legal documents (collectively,
"Documents"). All Documents are provided on a non-exclusive license
basis only for your personal one-time use for non-commercial
purposes, without any right to re-license, sublicense, distribute,
assign or transfer such license. Documents are provided for a charge
and without any representations or warranties, express or implied,
as to their suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS
IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WE AND ANY PROVIDER
OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or
additional provisions to ensure the desired result. You should
consult with legal counsel to determine the appropriate legal or
business documents necessary for your particular transactions, as
the Documents are only samples and may not be applicable to a
particular situation. Some Documents are public domain forms or
available from public records.
7. Linking to the
Site.
You may provide links
to the Site, provided (a) that you do not remove or obscure, by
framing or otherwise, advertisements, the copyright notice, or other
notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to
the Site immediately upon request by us.
8. Advertisers.
The Site may contain
advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on
the Site is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem
in the advertiser's or sponsor's materials.
10.
Registration/Purchase.
Certain sections of,
or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate,
complete registration and/or purchase information. Your registration
must be done using accurate information. Each registration is for
your personal use only. We do not permit (a) any other person using
the registered sections under your name; or (b) access through a
single name being made available to multiple users on a network. You
are responsible for preventing such unauthorized use.
11. Errors,
Corrections and Changes.
We do not represent
or warrant that the Site will be error-free, free of viruses or
other harmful components, or that defects will be corrected. We do
not represent or warrant that the information available on or
through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or
content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other
content appearing on the Site.
12. Third Party
Content.
Third party content
may appear on the Site or may be accessible via links from the Site.
We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You
understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
Certain Content -
Certain of the content on this site is copyrighted by other third
parties. This content is provided "as is" without warranty of any
kind. Neither we, Gale nor any data suppliers make any warranty
whatsoever as to the accuracy or completeness of the content or the
results to be obtained from using the information contained therein
and neither we nor Gale nor any data suppliers will be responsible
for any claims attributable to errors, omissions, or other
inaccuracies in the information contained in the content. The entire
risk for the results and performance of the content is assumed by
the user. Further, neither we nor Gale nor any of our data suppliers
make any representations or warranties, either express or implied,
with respect to the content, including, but not limited to, the
quality, performance, merchantability or fitness for a particular
purpose of the content or any information contained therein. In no
event will we, Gale or any data suppliers be liable for direct,
indirect, special, incidental, or consequential damages arising out
of the use of or inability to use the content or for any loss or
damage of any nature caused to any person as a result of that use.
Material contained in
the content may not be duplicated or redistributed without the prior
written consent of us and the copyright holder, except that one
print copy of search output is permitted for use within the user's
organization and that search output may be stored temporarily in
electronic media for editing or reformatting and subsequent printing
of one print copy of search output for internal use.
Advertising and
sponsored links found on content pages from third party providers
are not provided by those content providers and are not
endorsements.
13. Unlawful
Activity.
We reserve the right
to investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic information.
14. Indemnification.
You agree to
indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, advertisers, product
and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the
Site is not transferable or assignable. Any password or right given
to you to obtain information or documents is not transferable or
assignable.
16. Disclaimer.
THE INFORMATION,
CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of
Liability.
(a) We and any
Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (1) any
errors in or omissions from the Site or any services or products
obtainable there from, (2) the unavailability or interruption of the
Site or any features thereof, (3) your use of the Site, (4) the
content contained on the Site, or (5) any delay or failure in
performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE
LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY
CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL
NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of
Information.
We reserve the
right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided
by you in any manner consistent with our
Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") will
forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any
similarities that may appear in our future products, services or
operations. Without limitation, we will have exclusive ownership of
all present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the
Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission. You
acknowledge that you are responsible for whatever material you
submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality,
and copyright.
19. Third-Party
Services.
We may allow access
to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or
services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of or purchase from such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND
BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party
Merchant Policies.
All rules, policies
(including privacy policies) and operating procedures of Merchants
will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of
the other.
23. Payments.
You represent and
warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your
credit card company, and (iii) you will pay the charges incurred by
you at the posted prices, including any applicable taxes.
24. Securities Laws.
The Site may include
statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and
objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans," "intends," "will" and
similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
25. Links to other
Web Sites.
The Site contains
links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
26. Copyrights and
Copyright Agents.
We respect the
intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the
following information:
a. An electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
b. A description of
the copyrighted work that you claim has been infringed;
c. A description of
where the material that you claim is infringing is located on the
Site;
d. Your address,
telephone number, and email address;
e. A statement by you
that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
f. A statement by
you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our Copyright Agent
for Notice of claims of copyright infringement on the Site can be
reached by directing an
e-mail to the Copyright Agent.
27. Information and
Press Releases.
The Site contains
information and press releases about us. We disclaim any duty or
obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
28. Legal Compliance.
You agree to comply
with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
30. Miscellaneous.
This Agreement shall
be treated as though it were executed and performed in Fremont,
California, and shall be governed by and construed in accordance
with the laws of the State of California (without regard to
conflict of law principles). Any cause of action by you with respect
to the Site (and/or any information, Documents, products or services
related thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section 16 and
Section 17. The language in this Agreement shall be interpreted as
to its fair meaning and not strictly for or against any party. Any
rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in interpreting
this Agreement. This Agreement and all incorporated agreements and
your information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale or
merger. If any provision of this agreement is held illegal, invalid
or unenforceable for any reason, that provision shall be enforced to
the maximum extent permissible, and the other provisions of this
Agreement shall remain in full force and effect. If any provision of
this Agreement is held illegal, invalid or unenforceable, it shall
be replaced, to the extent possible, with a legal, valid, and
unenforceable provision that is similar in tenor to the illegal,
invalid, or unenforceable provision as is legally possible. To the
extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision. Our rights under this Agreement shall
survive any termination of this Agreement. The title, headings and
captions of this Agreement are provided for convenience only and
shall have no effect on the construction of the terms of this
agreement.
Return Policy:
PC
MicroWorks Corporation is committed to providing our customers with
a smooth, reliable shopping experience. Because we are so sure that
you will be completely satisfied with your purchase, we have a 30
day money back guarantee on all PC MicroWorks hardware. Shipping and
handling fees are non-refundable. Because the value of components is
constantly changing, a fifteen percent (15%) restocking fee will be
deducted from your refund or credit. To return merchandise, you must
obtain an RMA # (Return Materials Authorization number) by
contacting the PC MicroWorks customer service department toll free @
1-888-59-MICRO (64276) and ship the merchandise within five (5) days
of receiving your RMA number. In addition, you must return the
merchandise to PC MicroWorks Corporation in its/their original
packaging, in as-new condition along with any other documentation or
items that were included with the original shipment, prepay shipping
charges, and insure the shipment or accept the risk of loss or
damage during shipment.
Shipping & Sales Tax Policy:
Shipping and handling charges will be added unless otherwise
expressly indicated at the time of sale. All items will ship via
insured shipping carrier of your choice, and upon shipment, a
tracking number will be emailed to you. You must notify PC
MicroWorks of damaged or missing items from your order within seven
(7) calendar days after you receive your product. All shipping dates
are only estimates; however, we will do our absolute best to get
orders out as quickly as possible. You can track the progress of
your order by logging into your account from our homepage.
All
residents residing in the state of California will be required to
pay the applicable 8.75% sales tax, which will be calculated at
checkout.
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