Terms of Use


 

Created March 24, 2010

PCstore.com, Inc., a subsidiary of ArkNet Media LLC, a New York Corporation, including its successors and assigns ("PCstore" or "Site") operates the PCstore.com internet electronic price comparison site and store.  These Terms of Use (or "Agreement") are a legal agreement between you and PCStore.com.  You agree to be bound by these Terms of Use by accessing or using the Site.  If you do not agree to the terms and conditions of this Agreement, you may not use the Site.

LIABILITY DISCLAIMER & RELEASE

Products on PCstore.com.com are sold by third parties and the Site does not act as an agent of sale for any third party seller ("Seller").  Any changes to the pricing, product information or inventory are done at the sole discretion of the Seller and may not be accurately reflected on the Site.  PCstore.com shall not be held liable or culpable for any actions taken based upon the information displayed on the Site, or for any loss, damage, expense, or injury resulting, directly or indirectly, from any transactions conducted with any Seller or third party listed on the Site.  Any information provided by any third party cannot be authenticated by PCstore.com, and PCstore.com does not represent or warrant that said information is accurate.  By accessing this Site, you agree that you will not hold PCstore.com liable for any Seller's actions or inactions and understand that PCstore.com is not a party to any actual transaction between you and any Seller.  PCstore.com makes no representations regarding the quality, safety or legality of items advertised the veracity of listings, or the Seller's ability to sell items.  PCstore.com hereby advises you that you should not rely on any information provided by the Site where the use of such information may cause you to suffer any loss, damage, expense or injury.  You hereby agree to defend, indemnify, and hold PCstore.com harmless for any loss, damage, expense or injury for which the Site is found to be liable.

You hereby release PCstore.com, and its officers, members, managers, agents, subsidiaries, joint ventures, employees, and assigns, from any and all claims, demands and damages of every kind and nature arising out of a dispute with any Seller or other third party or occurring from your use of the Site.

CONTENT SUBMISSION

The term "User Content" means and refers to any and all content, media and materials you submit for posting on the Site using the User Content Submission Features, including, without limitation, still photographs, writings, reviews, and product feedback. Each time you upload or submit User Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by all, all the terms and conditions of this Submission Agreement. To be considered for posting and display to the public, User Content must meet all the specifications and requirements set by the PCstore.com. When you submit User Content you may be also asked to provide some information about you and your submission. This may include, without limitation, such things as descriptive title, some information about the User Content, length, your location and/or similar information.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of New York, and you agree to submit to personal jurisdiction and venue in New York County, New York. 

ARBITRATION

Any dispute between you and PCstore.com shall be submitted to binding arbitration administered by the American Arbitration Association ("AAA") according to its Commercial Arbitration Rules and Supplementary Procedures for Online Arbitration.  Any in-person hearing in such arbitration shall be held in New York, New York and shall be decided by one (1) arbitrator.  The location of the award shall be New York, New York, and the arbitrator shall award the prevailing party its arbitration costs and attorneys' fees as part of the award.  The arbitration hearings and all meetings shall be conducted in English in New York County, New York.

INTELLECTUAL PROPERTY & COPYRIGHT INFRINGEMENT

PCstore.com disclaims any and all responsibility for the content provided through or on its Site or other services.  The Site may eliminate or halt access to any alleged infringing content.  If you believe that there has been an infringement of your copyrighted material, please provide notice in writing to privacy@pcstore.com.

SEVERABILITY

If any provision of this Agreement is determined to be invalid by law, this Agreement shall continue, unless also considered invalid by law.