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COMPUTER WAREHOUSE PLUS Site Policy "The Computer Solutions Professionals"
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Computer Warehouse Plus and related SITES POLICYComputer Warehouse Plus and Associated Websites TERMS AND CONDITIONS OF USEPLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY. BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Computer Warehouse Plus and associated websites ("Computer Warehouse Plus and associated websites"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Important Information About This Legal Contract You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Computer Warehouse Plus and associated websites sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, you accept that change. You should check this User Agreement and the Privacy Policy frequently. Acceptance of Contract Terms This User Agreement, and all of its terms and conditions, constitutes a legal contract between you and Computer Warehouse Plus and associated websites ("Computer Warehouse Plus and associated websites "). (References to "you" or "your" or "Member" or buyer shall relate to any party that visits, browses, shops, accesses or otherwise uses the Site; references to "Computer Warehouse Plus and associated websites" hall relate to Computer Warehouse Plus and associated websites and its affiliates). By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Computer Warehouse Plus and associated websites from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Computer Warehouse Plus and associated websites from its offices within the United States. Computer Warehouse Plus and associated websites makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Massachusetts without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Worcester, MA to hear any such claims. You agree to pay us for any legal services and associated brought about by your use of this website or any other site that we may own. Access, Interference and Linking Computer Warehouse
Plus and associated websites grants you a limited license to access and
make personal use of the Site and not to download (other than page caching)
or modify it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of Computer Warehouse Plus
and associated websites.
Any unauthorized use terminates the license granted by Computer Warehouse Plus and associated websites. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page
of the Site so long as the link does not portray Computer Warehouse Plus
and associated websites, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter. Use Restrictions The copyright in all material provided on this Site is held by Computer Warehouse Plus and associated websites or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Computer Warehouse Plus and associated websites or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Computer Warehouse Plus and associated websites prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks and registered trademarks are the sole property of their respective owners. Photographs are courtesy of respective manufacturers. Computer Warehouse Plus and associated websites are trademarks of Computer Warehouse Plus and associated websites. Copyright © 1996 Computer Warehouse Plus and associated websites. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Computer Warehouse Plus and associated websites BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Computer Warehouse Plus and associated websites OR A Computer Warehouse Plus and associated websites AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Dispute Resolution The parties will try to resolve any claim, or dispute or controversy (whether in contract, tort, or otherwise) against Computer Warehouse Plus and associated websites or affiliates arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law relationships with third parties who are not signatories to this Sale Agreement), Computer Warehouse Plus and associated websites advertising, or any related purchase through face-to-face negotiations with persons fully authorized to resolve the dispute or mediation through a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the dispute after the issuance of a written notice from one party to the other that a dispute exists, the dispute will be settled by binding arbitration in accordance with the then current CPR rules for Non-Administered Arbitration. The Arbitration will be conducted by three independent and impartial arbitrators. Computer Warehouse Plus and associated websites will appoint one arbitrator and the other party will appoint one arbitrator. The two appointed arbitrators will in turn select a third arbitrator, who will be the presiding arbitrator. The arbitration hearing will take place in Worcester, Massachusetts and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their judgment on this Agreement and will follow the law and judicial precedents that a United States District Judge sitting in Illinois would apply to the dispute. The arbitrators shall render their award in writing and will include the findings of facts and conclusion of law upon which their award is based. Judgment upon the arbitration award maybe entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation on or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserver the status quo or prevent irreparable harm, although the merits of the underlying dispute will be resolved in accordance with this paragraph.
Account and Password You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you must not use the Site. Computer Warehouse Plus and associated websites reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Communications to Computer Warehouse Plus and associated websites Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Computer Warehouse Plus and associated websites for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Computer Warehouse Plus and associated websites is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Computer Warehouse Plus and associated websites or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. Typographic, Photographic and Technical Errors Under no circumstances, including, but not limited to, negligence, shall Computer Warehouse Plus and associated websites be liable for any direct, indirect, special, incidental or consequential damages arising out typographic and photographic errors. Disagreement with These Terms and Conditions If you disagree with any of the terms and conditions of this User Agreement, do not visit, browse, shop, access or otherwise use this Site or our associated or related sites. Contacting Computer Warehouse Plus and associated websites You can contact Computer
Warehouse Plus at the following address: Computer Warehouse Plus and associated websites TERMS AND CONDITIONS OF SALEPLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY. THE BUYER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE BUYER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Computer Warehouse Plus and associated websites ("Computer Warehouse Plus and associated websites"), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN). Important Information About This Legal Contract This Sale Agreement is a legal contract between the Buyer and Computer Warehouse Plus and associated websites. The Buyer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" or "Member" shall relate to the Buyer; references to "Computer Warehouse Plus and associated websites" shall relate to Computer Warehouse Plus and associated websites and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice and the terms and conditions posted on the Site at the time the Buyer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Buyer and Computer Warehouse Plus and associated websites relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Computer Warehouse Plus and associated websites. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Member consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Computer Warehouse Plus and associated websites at the address provided below. Computer Warehouse
Plus and associated websites In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement, you agree that the provisions of this Sale Agreement shall control. Governing Law THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF Massachusetts, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE BUYER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN Worcester COUNTY, Massachusetts FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT. Product Availability Under circumstances when stock for the product specified in the PO is not available at the moment we receive the PO, we shall endeavor to make alternative arrangements to procure and ship the product to you. Such circumstances could entail a delay in shipment. Under circumstances wherein we are unable to honor the PO or a part of it, we shall make a full refund of the amount remitted or paid to us by the buyer towards item(s) that we are unable to supply. Computer Warehouse Plus and associated websites is not liable for any kind of losses arising out of such mitigating circumstances. Order Cutoff Time Order paid and transmitted to Computer Warehouse Plus and associated websites before 3PM EST could be shipped the same day. Orders placed and/or paid later than 3PM EST would ship the next business day. Orders placed and paid anytime Saturday and Sunday will ship on the following Monday. CPU purchases Unless otherwise specifically indicated, monitors, speakers, and printers pictured on Computer Warehouse Plus and associated websites are sold separately on desktop or server computers Title; Risk of Loss Title to goods herein being purchased is retained by Computer Warehouse Plus and associated websites until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Computer Warehouse Plus and associated websites is Computer Warehouse Plus and associated websites 's responsibility. Loss or damage that occurs during shipping by a carrier selected by the Buyer is the Buyer's responsibility. Title to software will remain with the applicable licenses. Export Sales If goods herein being purchased are being purchased for purposes of export, the Buyer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Buyer should inquire further regarding any questions. Any and all liability is only for the products purchased. General Legal Disclaimer Computer Warehouse Plus and associated websites HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Computer Warehouse Plus and associated websites IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. Internet Disclaimer Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions. 56K Disclaimer 56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps. Third-Party Product and Y2K Disclaimer All products sold by Computer Warehouse Plus and associated websites are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, Computer Warehouse Plus and associated websites makes no representation or warranty with respect to the Y2K compliance of products sold. Pricing and Information Disclaimer All pricing is subject to change. For all prices, products and offers, Computer Warehouse Plus and associated websites reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Computer Warehouse Plus and associated websites uses reasonable efforts to include accurate and up-to-date information on the Site, Computer Warehouse Plus and associated websites makes no warranties or representations as to the Site's accuracy. Computer Warehouse Plus and associated websites assumes no liability or responsibility for any errors or omissions in the content on the Site. Limitation of Liability Computer Warehouse Plus and associated websites WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Computer Warehouse Plus and associated websites WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. THE MEMBER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Computer Warehouse Plus and associated websites IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY BUYER FOR THE PURCHASE (S) UNDER THIS AGREEMENT. Dispute Resolution and Legal LEGAL: You agree via your conducting business with Computer Warehouse Plus that any legal action resulting from any transaction will be guided by the laws of and take place in the Computer Warehouse Plus home state of Massachusetts, Worcester, MA District. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur. We take fraud seriously. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach. You agree by using this website that all litigation arising out of the use of this website and affiliated websites will take place in WORCESTER, MASSACHUSETTS If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach. Orders; Payment Terms; Interest; Taxes Orders are not binding upon Computer Warehouse Plus and associated websites until accepted by Computer Warehouse Plus and associated websites. Terms of payment are within Computer Warehouse Plus and associated websites sole discretion. All purchases must be paid for with-in 24 hours of raising a PO. If the payment date falls on a weekend or a national / state holiday, you have until 11:00AM EST on the following working day to pay. The Member agrees to pay interest on all past-due sums at the highest rate allowed by law. The Member is responsible for sales and all other taxes associated with the order. Freight Policy Computer Warehouse
Plus and associated websites usually ships the products as soon as payment
is made against a purchase. All orders placed and paid for before
3:00PM
EST
are usually shipped the same day. All shipments within continental US
will be via UPS Ground, though the buyer can choose to upgrade
his shipping option, at an extra cost, to UPS Next Day Air or
UPS 3 Day Select. Shipping to locations outside contiguous US is
at Computer Warehouse Plus and associated websites's discretion. Shipping to locations outside contiguous USA is at Computer Warehouse Plus and associated websites discretion. Product Returns Policy Please see RMA and RETURNS Software Return Policy Software is not returnable or refundable Credit Cards Credit card charges are not submitted until time of shipment. Computer Warehouse Plus and associated websites does not apply any surcharge for credit cards. Contacting Computer Warehouse Plus and associated websites You can contact Computer
Warehouse Plus and associated websites at the following address: angel@computerwarehouseplus.com
www.computerwarehouseplus.com
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Phone:
(508) 987-1730
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Revised: 03/20/08