Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.

By accessing or otherwise using this Web site ("Web site "), you agree to be bound by these terms and conditions of use.

Changes to the Terms and Conditions: PC Universe may change these terms and conditions of use at any time, without prior notice. If you access or use the Web site after PC Universe posts a change, you accept that change. If you do not accept the change, do not access or use the Web site. You should check these terms and conditions of use periodically.

Access and Use of the Web site: PC Universe grants you a limited license to access and use the Web site, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Web site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession. Unauthorized use of the Web site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Restrictions on Use of the Web site: Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Web site or its content in any form without PC Universe's prior written permission. The following activities are also expressly prohibited without PC Universe's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Web site or any of its content; "mirroring" the Web site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Web site or otherwise interferes with its functioning.

Posting and Transmitting to the Web site: Except for information that is subject to the PC Universe Privacy Policy, PC Universe will not treat information you post or transmit to the Web site as confidential or proprietary. By sending information to PC Universe through the Web site (by transmitting, posting, or otherwise), you agree that PC Universe may use that information in any way, for any purpose, including PC Universe’s own commercial purposes, subject only to the PC Universe Privacy Policy.

Accuracy of Information and Disclaimer of Warranty: PC Universe has made every effort to present the content on the Web site accurately, but additions, deletions and changes may occur. Content on the Web site is provided “as is”; neither PC Universe nor its representatives make any representation or warranty with respect to the content.

Limitation of Liability: Under no circumstances will PC Universe or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Web site or its content, even if they have been advised of the possibility of such damages. You access and use this Web site at your own risk.

Links to this Web site: PC Universe grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web site so long as the link does not portray PC Universe or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the PC Universe logo, PC Universe trademark, or PC Universe’s name or trademarks, or other proprietary graphic in the link without the prior written permission of PC Universe.

Links to Third Party Web sites: PC Universe does not review or control third party Web sites that link to or from the Web site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

Ownership: The material provided on this Web site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the Web site is owned by PC Universe or others. Except for the limited rights granted above, all other rights are reserved.

For Use in the United States: This Web site is controlled and operated by PC Universe from its offices within the United States. PC Universe does not represent that the Web site is appropriate or available for use elsewhere; access to the Web site from locations where its contents are illegal is not authorized. If you access this Web site from outside the United States, you do so on your own initiative and at your own risk.

LEGAL DISCLAIMER: This Site operates AS-IS and AS-AVAILABLE, without liability of any kind. We are not responsible for events beyond our direct control. This Policy is governed by Florida law, excluding conflicts of law principles. Any legal actions against us must be commenced in Florida within one year after the claim arose, or be barred.

Terms and Conditions of Sales

PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.

THE TERMS AND CONDITIONS OF SALE ("Terms") ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN PC UNIVERSE'S INVOICE OR OTHER PC UNIVERSE DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND PC UNIVERSE HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN. "We", "Our" or "Us" refers to PC Universe.

Application of Terms; Customer Acknowledgment: These Terms constitute a binding contract between Customer and PC Universe. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the "Site"). These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

Governing Law; All Sales made in FloridaTHESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN FLORIDA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN FLORIDA, SUBMITS TO JURISDICTION THERE, AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT PC UNIVERSE’S AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE CUSTOMER IS DEPENDENT ON THIS PROVISION.

Purchase price: Prices are listed ion our Web site, and are subject to change without notice. Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. Payment is due before shipment, unless credit terms have been arranged in advance with our credit department. In such case, payment terms shall be as set forth in the credit agreement. We collect sales and use taxes for sales shipped to the State(s) of Florida, Massachusetts, California, Tennessee, and Nevada. Additional states may be added without notice. We shall not be liable for handling or customs charges for shipments outside the United States.

Shipping; Risk of Loss; Security Interest: PC Universe will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. PC Universe charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is upon Customer once we deliver the product to the carrier. Delivery times are estimates only and we shall not be liable for delays. PC Universe retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Non-US or Export Sales: Sales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Customer agrees that it will not divert, use, export or re-export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, North Korea, Sudan, and Syria. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.

LIMITED MANUFACTURER'S WARRANTY: Customer understands that PC Universe is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not us. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by us. In connection with services, neither affiliates of PC Universe nor third party service providers are our agents and we have no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. We warrant that we have good title to the hardware products we sell, and that we have proper authority to license the software products we distribute. We do not warrant the performance or integrity of any Product, but merely pass through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products. STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF. PC UNIVERSE AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF PC UNIVERSE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. PC Universe has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. PC Universe will pass through any such indemnity it receives from the Product manufacturer or supplier.

Pricing Information; Availability; Errors and omissions Disclaimer: All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer's orders. We make every effort to ensure the accuracy of the information published on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind. If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.

Limitation of Liability: NEITHER PC UNIVERSE NOR ITS AFFILIATES WILL 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. NEITHER PC UNIVERSE NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY PC UNIVERSE OR ITS AFFILIATES, NEITHER PC UNIVERSE NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM. We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Third Party Services: Customer acknowledges and agrees that we and our affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases PC Universe, and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.

Orders; Payment Terms; Interest; Taxes: Orders are not binding upon us until accepted by us. Terms of payment are within our sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. We may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold PC Universe harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use, or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney's fees.

Vendor license agreements: Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.

Damaged Products: If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify PC Universe immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify Customer Service at customerservice@pcuniverse.com of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for PC Universe to file a damage claim.

Entire Agreement: These Terms constitute the entire agreement between Customer and PC Universe relating to the sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting us at the address provided below. Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms contained herein and in our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and PC Universe. In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.