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All sales made by PC Retail Store ("PC Retail Store", “PCRS”, "we" or "us"), to customers ("Buyer" or "you") for items listed on the PC Retail Store website (the "Item(s)") are subject to these terms and conditions ("Terms"). You accept these Terms by either (i) ordering an Item from us (ii) by accepting any Item from PC Retail Store, whichever occurs first.

Agreement

These terms and conditions of use ("Terms of Use") are entered into by and between PC Retail Store, LLC (“Us," "We" and "Our"), and you ("You," and "Your"). These Terms of Use, together with Our privacy policy located here as updated form time to time (the "Privacy Policy") contain the terms and conditions that govern Your access to, and use of Our website located at http://stores.ebay.com/PC-Retail-Store and any tools hosted thereon, its content, the software and the associated materials made available through the website (the "Website"). We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of this Website following any such change constitutes your agreement to comply with and be bound by these Terms of Use in effect each time you use the Website. For this reason, you should review these Terms of Use each time you use the Website. The Website is provided by US and our third party Online Marketplace service providers such as eBay, Inc. and Amazon.com, Inc. 

Price

All prices are subject to change without notice and will be established at time of order acceptance by PC Retail Store. Order acceptance and sale by PC Retail Store occurs at time of shipment.

Payment Terms

Payment for all Items must be made in full electronically. Following receipt of payment, we will process and ship the order on the next business day.

Taxes

You are responsible for all applicable federal, state, municipal, and other government taxes (such as sales, use, etc.) on the purchase of the Items. Unless otherwise specified, prices do not include such taxes.

Product Description, Content and Condition of Items

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We use reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual colors you see will depend on your computer system and we cannot guarantee that your computer will accurately display all colors. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use only (where no admission fee is charged), for non-public performance, and may not be duplicated.

Communications

When you visit the Website or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

Shipping Limitations

When an order is placed, it will be shipped to an address designated by You as the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website and within our terms. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for reporting any lost or damage shipment within the proper time frame as stated in our Return Policy under the Item not Received or Lost Packages section. To view the Return Policy, please click here.

We ship to the 50 United States and District of Columbia, US Protectorates, Alaska/Hawaii, APO/FPO, and P.O Boxes. We do not offer local pickup at our facility; we do not ship to Hotels, countries outside the U.S.

Accuracy of Information

We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Item Returns

To return an Item, you must follow the instructions in our Returns Policy located at http://stores.ebay.com/PC Retail Store-Store/Returns.html. RMAs will be issued at PC Retail Store's sole discretion, in accordance with PC Retail Store's return policies. PC Retail Store reserves the right to refuse delivery of any shipping package without a valid RMA or Return Approval and/or Returns that have exceeded our Returns Timelines. Any Item received by PC Retail Store without a valid RMA number or Approved Returns will be subject to refusal by PC Retail Store and Buyer agrees that PC Retail Store will have no liability for such Item. Buyer shall pay all costs and bear all risks of loss when returning Items to PC Retail Store.

Privacy Policy

PC Retail Store's Privacy Policy governs the collection and use of information through the PC Retail Store. By submitting your personally identifiable information to us in relation to your order, you consent to such information being processed to fulfill your order and in accordance with our Privacy Policy. The Privacy Policy is incorporated by reference into and is made a part of these Terms. To view the Privacy Policy, please click here http://stores.ebay.com/PC Retail Store/pages/privacy

Use of the Website

We grant You a limited, non-exclusive right to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent. Any unauthorized use automatically terminates the permission granted by Us. 

The Website design and all text, graphics, information, content, and other materials displayed on or that can be downloaded from the Website are either the property of, or used with permission by, Us, PCRS, PC Retail Store or our other service providers and suppliers and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such materials. The materials and other Content accessible from Our Website, and any other website owned, operated, licensed, or controlled by Us, is Our proprietary information or the party that provided the Content to Us, and We and the party that provided the Content to Us retain all right, title, and interest in this Content. Accordingly, such Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without Our prior written consent. In any event, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of any Content except as expressly provided in these Terms of Use violates Our intellectual property rights or the intellectual property rights of third parties. Neither title nor intellectual property rights are transferred to You via access to Our Website. You may not modify the information or materials located on the Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. 

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on the Website are registered and unregistered trademarks, trade names and service marks of Us and Our affiliates. Other trademarks, trade names and service marks used or displayed on the Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without Our written permission or such third party owner. 

Copyright and Intellectual Property Policy 

PC RETAIL STORE takes all concerns related to intellectual property seriously. It is PC RETAIL STORE's policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user's account if she or he infringes, is alleged to infringe, or appears to infringe the intellectual property rights of others.

If You believe that any Content on Our Website infringes any copyright, or any other valid intellectual property right, please provide the following information to PC RETAIL STORE's DMCA Agent.

  1. A physical or electronic signature affirming that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works on Our Website;
    3. Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
    4. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 
    5. A statement that You have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to PC RETAIL STORE's DMCA Agent, who can be reached as follows:

By Mail:

DMCA Agent, RE: www.PC Retail Store.com

115 Gralin St, STE B
Kernersville, NC 27284.

By E-Mail: DMCA@PCRetailStore.com

Due to IT concerns, no attachments can be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment may not be received or processed. 

Linking to the Website

Creating or maintaining any link from another Web site to any page on the Website without Ours prior written permission is prohibited. Running or displaying the Website or any material displayed on the Website in frames or through similar means on another Web site without Our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable laws, rule and regulations. 

Third Party Links

From time to time, the Website may contain links to websites that are not owned, operated or controlled by Us or Our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither We nor any of Our affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other Web site. Neither We nor any of Our affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from the Website, you do so entirely at your own risk. 

From time to time, We may display or otherwise make available promotions, advertisements and/or offers provided by third-parties ("Third Party Promotions"). You understand and agree to hold Us harmless and agree that We shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party. 

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that We may have at law or in equity, if We reasonably determine that you have violated or are likely to violate the foregoing prohibitions, We may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Us to disclose the identity of anyone posting such materials. 

User Information

Other than personally identifiable information, which is subject to the Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications or files that you transmit or post to the Website in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. We, each of Our affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligations to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material We deems inappropriate or unacceptable. 

Disclaimers

YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE, PC RETAIL STORE, NOR ANY OF OR RESPECTIVE AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER WE, PC RETAIL STORE NOR ANY OF OUR RESPECTIVE AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. 
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE PC RETAIL STORE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE PC RETAIL STORE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 

Limitations of Liability

Neither We nor PC RETAIL STORE assume any responsibility, and shall not be liable for, any damages to, or viruses or other malware that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website or your downloading of any materials, from the Website.

IN NO EVENT WILL WE, PC RETAIL STORE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. 

Indemnity 

You agree to indemnify and hold PC RETAIL STORE, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by You, including any use of content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information, content and services accessed from Our Website.

Security

You are prohibited from using any services or facilities provided in connection with Our Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, PC RETAIL STORE reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents PC RETAIL STORE reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing PC RETAIL STORE to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND AGREE TO HOLD HARMLESS PC RETAIL STORE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PC RETAIL STORE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PC RETAIL STORE OR LAW ENFORCEMENT AUTHORITIES.

Arbitration

Any dispute between PC Retail Store and you will be resolved in accordance with and subject to the Agreement to Arbitrate terms stated in the User Agreement you entered into when you set up your PC Retail Store account, Amazon account, Bonanza account, Best Buy account, eBay account, Sear Account, Newegg account or any other marketplace accounts you sign up for that related to your purchase of products and services from us.

Choice of Law; Jurisdiction

These Terms and Conditions supersede any other agreement between you and PC RETAIL STORE to the extent necessary to resolve any inconsistency or ambiguity between them. The Website is administered by PC Retail Store from its offices North Carolina. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Website shall be brought only in the courts of the State of North Carolina or the United States District Court for the District of North Carolina. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Termination

You or we may suspend or terminate Your account or Your use of the Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time without notice. 

Notices

All notices, requests, demands, and other communications that either party may desire to give the other party must be in writing and may be given by (i) personal delivery to an officer of the party, (ii) mailing the PC Retail Store by registered or certified mail, return receipt requested, or via nationally recognized courier services to the party at the address of such party as set forth herein, at the official corporate address of such party, or such other address as the parties may hereinafter designate, or (iii) facsimile subsequently to be confirmed in writing pursuant to item (ii) above. Notices to PC Retail Store shall be sent to: PC Retail Store, Attn: Legal Department, 115 Gralin St, Kernersville, NC 27284.

General

PC Retail Store shall not be liable for delays or failure of performance of any obligation hereunder by reason of an Act of God, fire, flood, war, public disaster, acts of terrorism, strike or labor difference, governmental enactment, rule or regulation, Internet downtime, failures of communication networks, or any other cause beyond PC Retail Store's control, provided that diligent continuing efforts are made to resume performance hereunder if such resumption is a commercially reasonable option. In the event there is any dispute concerning these Terms or the performance of any party hereto pursuant to these Terms, and any party hereto retains counsel for the purpose of enforcing any of these Terms or asserting these Terms in defense of any suit filed against said party, each party shall be solely responsible for its own costs and attorney's fees incurred in connection with the dispute irrespective of whether or not a lawsuit is actually commenced or prosecuted to conclusion. Neither party may assign its rights and/or duties under these Terms without the prior written consent of the other party given at the other party's sole option. Any such attempted assignment shall be void. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The captions used herein are for reference purposes only and shall have no effect upon the construction or interpretation of any provisions herein. These Terms are the official Terms of sale between PC Retail Store and you and may be amended from time to time without notice at PC Retail Store's sole discretion.

Additional Assistance 

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our customer service department at 1- 1-844-PCRS-4-US or 1-844-727-7487.

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