Welcome to the PCNation website (“PCNation Site”)
The terms and conditions stated below, along with the policies and guidelines located
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
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.
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
in the immediate revocation of the license granted in this paragraph without notice
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:
- 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
- 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
- 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.
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.
time so please review them frequently.
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
DISPUTES, APPLICABLE LAW AND JUSRISDICTION
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
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
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
TRANSACTIONS BETWEEN PCNATION AND YOU.
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.
part or degree will remain in full force and effect to the extent not held invalid
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
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
an arbitration proceeding, to:
Attn: Legal Dept
500 Central Ave, Northfield, IL 60093