This PCWORKSNH.com™ website (the "Website") is provided by PC-WORKS of New Hampshire. (“PC-WORKS”), located at 430 Abbot Hill Road Wilton, New Hampshire 03086. Your use of the Website and all information, products and services on the Website (collectively, the "Services") are subject to and governed by the terms and conditions set forth below and the terms and conditions incorporated herein by reference (collectively, the "User Agreement"), which constitute a binding legal obligations between you and PC-WORKS.
BY CHECKING THE BOX BY “I HAVE READ AND AGREE TO THE USER AGREEMENT” DURING THE REGISTRATION PROCESS (OR BY OTHERWISE ACCEPTING THE USER AGREEMENT THROUGH YOUR ACTIONS), YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE USER AGREEMENT. IF YOU DO NOT AGREE WITH THE USER AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SERVICES OR TO CONTINUE TO ACCESS THE WEBSITE FOR ANY PURPOSE.
You understand that PC-WORKS may amend the User Agreement from time to time without notice to you by posting the changes on the Website. You should review these terms each time you elect to use any of the Services. The amended User Agreement will automatically be effective thirty days after changes are first posted on the Website. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU MAY REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO THE WEBSITE AND USE OF THE SERVICES IN ANY MANNER FOR ANY PURPOSE. IF YOU CONTINUE TO ACCESS THE WEBSITE OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE AFTER SUCH CHANGE BECOMES EFFECTIVE, SUCH ACCESS AND/OR USE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED USER AGREEMENT.
PC-WORKS reserves the right, in our sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) and/or to add, delete or modify some or all of the Services, with or without notice. Any new or changed features or Services that PC-WORKS puts on the Website will be subject to the terms and conditions of the User Agreement. You agree that PC-WORKS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or any Services.
In addition, PC-WORKS, in its sole discretion with or without notice to you, may (a) terminate your password and your use of this entire Website or your use of any feature of the Website, and/or (b) remove and discard any of Your Information stored on the Website.
The Services offered on the Website are available only to entities and to individuals who accept the User Agreement and who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. You must be 18 years of age or older. PC-WORKS may refuse any or all of the Services to anyone at any time, in our sole discretion. When you sign up, you will select a user name and a password so that you can access your account at the Website. You agree that you will keep this information confidential. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. You are solely responsible for activities regarding your account and password (including activities by third parties using your user name and password or using a login session you commenced). If you think there has been unauthorized use of your account or password, you agree to immediately notify PC-WORKS and cooperate to resolve the issue. You understand that if you do not follow the terms of this paragraph, PC-WORKS may suspend or terminate your use of the Website. You understand that PC-WORKS is not responsible in any way, and will not be liable to you or to any third person.
You release PC-WORKS and our agents and employees from losses, expenses, claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with or arising from: (1) any information or content placed on our Website by you, by us, or any seller, buyer or other user, (2) any dispute you may have with any seller, buyer or other user of our Website, and (3) any use or disclosure of all or any of Your Information to any third party by any seller, buyer, or other user of the Website. It is the buyer's responsibility, and it is not the responsibility of PC-WORKS, to have knowledge of, obey, or comply with any applicable federal, state or local laws and regulations regarding transportation, handling, storage, purchasing, possession, use, misuse or ownership of the items sold on our website. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The Buyer agrees to pay the stated price plus all additional Shipping charges. Price will be automatically charged to the winning bidder's credit card or Paypal. If the charge to your credit card or Paypal is declined for any reason, you may be charged a fee of $15.00 per occurrence and PC-WORKS may, in its sole discretion, suspend or terminate your account. PC-WORKS may also withhold shipment or delivery of any item to you until you have paid in full, including fees, for all of your items currently in process. You are legally obligated to complete the transaction. At any time, PC-WORKS may cancel any purchase made by you. PC-WORKS may also cancel any purchase at any time, including after completion. Without limiting any other remedies, PC-WORKS may suspend or terminate your account and any or all of your purchases if you are found by conviction, settlement, insurance investigation, or otherwise, to have engaged in fraudulent activity in connection with our Website. PC-WORKS may also report fraudulent activity to law enforcement authorities.8. SHIPPING AND RETURN POLICY AND TAXES
The shipping and return policy is expressly incorporated herein. In addition, if you purchase any item, you thereby agree to be bound by any additional terms and conditions of sale identified in the item's description or related thereto. Risk of loss of or damage to any items purchased passes to you upon delivery to the carrier. All amounts specified on the Website are quoted in US dollars and all charges made by PC-WORKS to your credit card will be in US dollars. You are responsible for payment of any sales, use, consumption, VAT, excise, or other taxes (including taxes measured by receipts from any transaction) imposed by any taxing authority and required to be paid or collected by PC-WORKS or you as a result of transactions completed using the Website or Services. PC-WORKS may withhold, any such taxes assessed in any transaction. However, even if PC-WORKS does not withhold and pay such taxes, you remain responsible for any taxes that may be assessed by any governmental authority.
PC-WORKS believes that all users of the Website and Services benefit from basic rules regarding conduct while using the Services so that information and ideas may be shared freely, and so that commerce can be conducted fairly. To achieve these ends, you agree to follow the following basic rules of conduct when using the Website and/or Services:
Without limitation to the foregoing, you specifically agree that when you use the Website or the Service in any way, you will comply at all times with all applicable federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
You authorize PC-WORKS and its contractors to cooperate with any law enforcement or governmental agency (including non-U.S. agencies and governments) that is investigating alleged or actual violations of any laws of any jurisdiction in the United States, which cooperation includes, but is not limited to, PC-WORKS voluntarily disclosing (i.e., without being subject to a lawful order to disclose) to the law enforcement and governmental agencies any or all of your Information. You acknowledge that PC-WORKS has the right, but no obligation, to monitor the Website and disclose any information necessary in connection with the foregoing, or necessary to operate the Website, to protect PC-WORKS, its licensors and business partners and customers. PC-WORKS reserves the right to post or remove any information on the Website, in whole or in part, for any reason.
You will indemnify and hold harmless PC-WORKS and its subsidiaries and their respective affiliates, directors, officers, shareholders, employees, agents, printers, contractors, co-branders, suppliers, internet service providers, and partners from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of:
Without limiting other remedies, PC-WORKS may immediately issue a warning, temporarily or indefinitely suspend or terminate your membership and refuse to provide Services to you if (a) you breach the User Agreement; (b) PC-WORKS is unable to verify or authenticate any information you provide to PC-WORKS; or (c) PC-WORKS believes that your actions may cause legal liability for you, other users or PC-WORKS.
PC-WORKS may, but is not required to, provide an assessment of the condition or other characteristics or properties of an item listed on the Website. PC-WORKS reserves the right to change its assessment of the condition or other characteristics or properties of any item and/or update the contents of any listing at any time without notice. Any such assessment of the condition or other characteristics or properties of an item (such as, by way of example and not limitation, “new,” "refurbished" “excellent,” “very good,” “good,” “fair,” “poor” or “untested”) represents PC-WORKS good faith opinion of the condition or other characteristics or properties of the item, based upon a visual inspection of the item and such other activities deemed appropriate by PC-WORKS. This assessment is subjective in nature and PC-WORKS opinion concerning the condition or other characteristics or properties of an item is not a representation or warranty. Without limitation to the foregoing, an assessment by the purchaser or any third party of the condition or other characteristics or properties of the item may not match PC-WORKS opinion. In the event that you believe that PC-WORKS has made an error in its assessment, a return can be requested pursuant to theShipping and Returns Policy. PC-WORKS reserves the right to make repairs and/or adjustments to an item to meet the item description.
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PC-WORKS DISCLAIMS, ON ITS OWN BEHALF AND, WHEN ACTING AS AN AGENT, ON BEHALF OF ITS PRINCIPAL, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PC-WORKS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE QUALITY, ACCURACY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES PC-WORKS MAKES NO WARRANTY THAT THE WEBSITE, SERVICES OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IT IS YOUR RESPONSIBILITY, AND IT IS NOT THE RESPONSIBILITY OF PC-WORKS, TO HAVE KNOWLEDGE OF, OBEY, OR COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS REGARDING TRANSPORTATION, HANDLING, STORAGE, PURCHASING, POSSESSION, USE, MISUSE OR OWNERSHIP OF THE ITEMS SOLD ON OUR WEBSITE. NO ADVICE, OPINIONS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PC-WORKS OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PC-WORKS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PC-WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (B) YOUR PURCHASE OF ANY PRODUCT, ITEM, GOOD OR SERVICE THROUGH THE WEBSITE OR SERVICES; (C) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. PC-WORKS , AND OUR PRINTERS, SUPPLIERS, CONTRACTORS AND VENDORS, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL HAVE NO LIABILITY WHAT SO EVER.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. PC-WORKS will not be responsible for the availability of any external sites or resources to which PC-WORKS hyperlinks ("Linked Sites"), and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. PC-WORKS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.
The Website and any necessary software used in connection with it ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you on the Website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PC-WORKS or its advertisers, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part. You will not access the Website by any means other than through the interface that is provided by PC-WORKS for use by the public in accessing the Website.20. NO AGENCY
No agency, fiduciary, partnership, joint venture, employee–employer or franchiser-franchisee relationship is intended or created by the User Agreement.
Notices from PC-WORKS to you and from you to PC-WORKS may be given by either email or regular mail. Notice is deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. If PC-WORKS uses the US mail to send you a notice, the notice will be deemed given three days after the date of mailing. The Website may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices to you generally on the Website..
The User Agreement (including any material incorporated by reference) is the entire agreement between you and PC-WORKS and governs your use of the Website and the Services. The User Agreement supersedes any prior agreements between you and PC-WORKS. You also may be subject to additional terms and conditions that may apply when you use third-party content, software or services. The User Agreement and the relationship between you and PC-WORKS will be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. The failure of a party to exercise or enforce any right or provision of the User Agreement will not constitute a waiver of the right or provision. The headings in the User Agreement are inserted for convenience of reference only and shall not constitute a part hereof. Nothing in the User Agreement is intended nor shall it be construed to confer any rights or remedies upon any person or entity other than you and PC-WORKS. Whenever possible, each provision of the User Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the User Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the User Agreement and the parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the invalidated provision, and the other provisions of the User Agreement remain in full force and effect.