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Terms of Use

Welcome to the PCNation website (“PCNation Site”)
The terms and conditions stated below, along with the policies and guidelines located throughout the PCNation Site (collectively herein the "Terms of Use") identify what you, a user of the PCNation Site ("you" or “User”) can expect from PCNation. PCNation provides access to the PCNation Site and all other services, products and software to you subject to the notices, terms, and conditions set forth in the Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
USE OF THE PCNATION SITE IS PROVIDED SUBJECT TO THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY AS CREATING AN ACCOUNT, LOGGING IN TO AN ACCOUNT, PLACING AN ORDER, ACCESSING, BROWSING OR OTHERWISE USING THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE PCNATION SITE.
USE OF THE SITE
You represent and warrant that you are at least 18 years old or visiting the PCNation Site under the supervision of a parent or guardian.
Subject to the Terms of Use, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the PCNation Site by displaying it on your internet browser only for the purpose of shopping for items sold on the PCNation Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of the Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.
USE OF MATERIAL ON PCNATION SITE
The information, art work, graphics, text, or pictures (collectively, "Materials") contained on the PCNation Site are protected by copyright laws and are the sole property of PCNation. You may not modify or use the Materials for any other purpose without PCNation’s express written consent. You may use the Materials and all other content of this site only for the purpose of shopping on the PCNation Site or placing an order on this site and for no other purpose. No Materials or other content from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without PCNation’s prior written consent. All rights not expressly granted herein are reserved. Any unauthorized use of the Materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
SITES LINKED FROM THE PCNATION SITE
The sites linked from the PCNation Site are not under PCNation’s control, and PCNation does not assume any responsibility or liability for the operation of, or content, communications, material available at or through, or any such linked sites. PCNation does not intend links on the PCNation’s Site to be referrals or endorsements of the linked entities, and are provided for convenience only.
PRICING, INVENTORY AND TYPOGRAPHICAL ERRORS
Despite our best efforts, occasionally products at our site may be mispriced or the product description, photo or stock status may be inaccurate. In the event a product listed on the PCNation Site is mispriced, the stock status is inaccurate or the product description contains errors, PCNation shall at its sole discretion have the right to refuse and/or cancel any order for said product. If the correct price of an item is higher than our stated priced, we will, at our discretion, either contact you for instructions before shipping the item or we will cancel your order and notify you of the cancellation. If your credit card has been charged for the purchase and your order is subsequently canceled, PCNation will promptly issue a refund to your credit card account of the amount charged.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PCNATION SITE
THE PCNATION SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. PCNATION EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PCNATION SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS. PCNATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND WITH RESPECT TO THE PCNATION SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT PCNATION, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE PCNATION SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS AND, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS AND/OR BUSINESS RESULTING FROM THE AFOREMENTIONED CONTAINED ON THE PCNATION SITE OR THE LACK THEREOF AVAILABLE ON THE PCNATION SITE.
PCNATION SHALL HAVE NO LIABILITY FOR:
  1. ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING, COMPILING, OR DELIVERING SERVICES, INFORMATION OR DATA ON THE PCNATION SITE
  2. ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE SERVICES, INFORMATION OR DATA ON THE PCNATION SITE, REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE SERVICES, INFORMATION OR DATA; OR
  3. ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SERVICES, INFORMATION OR DATA FURNISHED HEREUNDER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD
EXCEPT AS EXPRESSLY STATED HEREIN, PCNATION EXPRESSLY DISCLAIMS ALL WARRANTIES AND OTHER REPRESENTATIONS, EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PCNATION ARISING FROM ANY PRODUCT SOLD ON THE PCNATION SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL PCNATION, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND/OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD. THIS IN NO WAY AFFECTS THE TERMS AND CONDITIONS OF THE MANUFACTURER’S WARRANTY ON ANY PRODUCT SOLD, IF ANY.
PASSWORD AND ACCOUNT SECURITY
You are solely responsible for all access to and use of the PCNation Site by anyone using the login and password assigned to you whether or not such use of this site is actually authorized by you, including without limitation, all communications, orders, transmissions and all other obligations incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the login and password assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site's security.
ORDER ACCEPTANCE AND PAYMENT POLICY
Your receipt of any electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. PCNation reserves the right at any time after receipt of your order to accept or decline your order for any reason. We do our best to ship all orders complete but we reserve the right to supply less than the quantity you ordered of any item. Unless other arrangement have been made in writing between you and PCNation, payment is required before your order will be shipped. Payment may be made by credit card or debit card (Visa, MasterCard, American Express, Discover) issued in the United States by a U.S. financial institution or any other payment method PCNation may choose to accept at our sole discretion. PCNation reserves the right to refuse any payment made in any form at our sole discretion. Orders with a value exceeding $10,000 (U.S. Dollars) may require written pre-approval with an acceptable method of payment as determined solely by PCNation. We may require additional verification or information before accepting any order or form of payment.
RISK OF LOSS
The risk of loss and title for all items purchased via the PCNation Site pass to the User upon delivery of the item to the carrier.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately revoke any or all of your rights granted under the Terms of Use. Upon such action, you shall immediately cease all access to and use of the PCNation Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all login and passwords issued to you and deny your access to and use of this PCNation Site in whole or in part. Any revocation shall not affect the respective rights and obligations, including without limitation payment obligations, of the parties arising before the date of termination.
NOTICES
User consents to receive electronic communications from PCNation, whether addressed to the e-mail address associated with such User's PCNation account or posted on the PCNation Site. User acknowledges and agrees that any communication via e-mail or by postings on the PCNation Site satisfies any legal requirement that such communications be made in writing.

MODIFICATION

If we decide to change our Terms of Use or other policies, we will post the changes to the Terms of Use and other places we deem appropriate so that you are aware of the current Terms of Use. We reserve the right to modify our Terms of Use at any time so please review them frequently.
EXPORT TERMS
If any products or goods being purchased are being purchased for purposes of export, it is the User’s sole responsibility to appropriate export documentation from the United States Government before shipping to a foreign country. In addition, manufacturer warranties for exported goods may vary or even be null and void. PCNation, its shareholders, directors, officers, employees, agents, attorneys, and/or representatives shall not be liable in any way relative to the exportation of goods purchased on the PCNation site.
DISPUTES, APPLICABLE LAW AND JUSRISDICTION
Any dispute arising out of or related to these Terms of Use or the sales transactions between you and PCNation shall be governed by the laws of the State of Illinois, without regard to its conflict of laws rules. Except for claims for injunctive relief by either party, you and PCNation agree that any dispute or controversy arising out of, in relation to, or in connection with the Terms of Use, your use of the PCNation Site or sales transactions between PCNation and you shall be finally settled by binding arbitration in Chicago, Illinois under the then current rules of American Arbitration Association (AAA) including the AAA's Supplementary Procedures for Consumer-Related Disputes.
All aspects of the arbitration shall be considered confidential and shall not be disclosed or disseminated by any party except as reasonably required to prosecute its claim or assert its defense to any such claim. The Arbitrator shall be required to issue prescriptive orders as may be required to enforce and maintain this covenant of confidentiality during the course of the arbitration and after the conclusion of same so that the results and the underlying data, information, materials and other evidence are forever withheld from public dissemination with the exception of this subpoena by a court of competent jurisdiction in an unrelated proceeding brought by a third party.

You agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against PCNation that is more than one year after the date of the applicable sales transaction invoice.

CLASS ACTION WAIVER

PCNATION AND YOU AGREE THAT PCNATION AND YOU WILL RESOLVE ANY DISPUTES, CLAIMS OR CONTROVERSIES ON AN INDIVIDUAL BASIS, AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OF USE IN CONNECTION WITH THE PCNATION SITE OR SALES TRANSACTIONS BETWEEN PCNATION AND YOU WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. PCNATION AND YOU FURTHER AGREE THAT PCNATION AND YOU SHALL NOT PARTICIPATE IN ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE PROCEEDING (EXISTING OR FUTURE) BROUGHT BY ANY THIRD PARTY ARISING UNDER THESE TERMS OF USE OR IN CONNECTION WITH THE PCNATION SITE OR SALES TRANSACTIONS BETWEEN PCNATION AND YOU.
SEVERABILITY
If any terms or conditions of the Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions. Any term or condition of the Terms of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the PCNation Site, the following policies also govern your use of the PCNation Site and are incorporated by reference into the Terms of Use:
ACKNOWLEDGMENT
The Terms of Use, including without limitation all documents referenced herein, represents the entire understanding between User and PCNation regarding User's relationship with PCNation and supersedes any prior statements or representations. Headings used are for reference only and shall not affect the meaning of any terms or conditions.
OUR CONTACT INFORMATION
Please send all questions regarding our Terms of Use, including requests to begin an arbitration proceeding, to:
PCNation
Attn: Legal Dept
500 Central Ave, Northfield, IL 60093