TERMS AND CONDITIONS OF MOBILE PC UPGRADES ONLINE SERVICE ORDERING:
Notwithstanding any statements on the web pages or these bullet points, the Terms and Conditions are the agreement between you and Mobile PC Upgrades. By submitting each order, you confirm and affirm that you have read, understood and agree to the Terms and Conditions, of the form in which they appear at the time the order is submitted.
1) Offer and acceptance. By submitting a completed order form, you offer to purchase, on and pursuant to these Terms and Conditions and the order form, the computer repair, service or upgrade (collectively, "Product") you select and submit to Mobile PC Upgrades, Inc. ("Mobile PC Upgrades") for purchase via the order form. Your offer may be accepted by Mobile PC Upgrades by sending you an electronic confirmation that your order has been received and accepted. It shall be in Mobile PC Upgrades discretion to accept or reject your offer. If Mobile PC Upgrades accepts your offer, these Terms and Conditions and the order form collectively constitute a legal agreement between Mobile PC Upgrades and you governing your purchase of the Product from Mobile PC Upgrades over the online shopping service.
2) Responsibilities. If Mobile PC Upgrades accepts your order, Mobile PC Upgrades shall, in return for your payment, provide the Product which you order through the online shopping service. Your payment for the Product, including sales taxes and assessments, is due upon Mobile PC Upgrades delivery of the Product. You authorize Mobile PC Upgrades to make and collect such charge, and agree to make payment to Mobile PC Upgrades. Furthermore, All offers of service reflect a minimum service charge of 1 hour. This charge is assessed when mobile PC Upgrades, it's employees or agents arrive at the premise. In the event that Mobile PC Upgrades is prevented from completing any scheduled service due to inability to access the premise you are still responsible for the minimum service charge unless you have made a good faith effort to notify Mobile PC Upgrades that the premise is inaccessible (contrary to the arrangements you agreed to) no less than 4 hours prior to the scheduled arrival time of Mobile PC Upgrades.
3) Communications. Mobile PC Upgrades shall conclusively presume that online communications received from you through your use of the online order form and registration process are accurate, complete, and authorized by you as received by Mobile PC Upgrades. You agree not to contest the validity and binding legal effect of those communications.
4) You agree to complete the initial registration process according to Mobile PC Upgrades requirements stated on the Web site, and to provide Mobile PC Upgrades with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery addresses, and telephone number.
5) Disclaimer of warranty. Mobile PC Upgrades online shopping services are provided on as "AS IS", "AS AVAILABLE" basis, and Mobile PC Upgrades does not provide any assurances of the availability or usability by you of the online shopping services. Mobile PC Upgrades makes no representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any Product information listed on the web site. Mobile PC Upgrades MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE.
6). Limitation of liability. Mobile PC Upgrades shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequence beyond the reasonable control of Mobile PC Upgrades. Any liability of Mobile PC Upgrades, its employees, affiliates, or agents, to you for damages, losses and causes of action, whether in contract, tort, or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by you to Mobile PC Upgrades in the twelve (12) months (or, if less, such shorter period of your use of the online shopping service) immediately prior to the claimed injury or damage.
7) Confidentiality. Mobile PC Upgrades values you as a customer and your right to privacy. Except as may be otherwise required by law, Mobile PC Upgrades (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with Mobile PC Upgrades online shopping services or otherwise for Mobile PC Upgrades general business purposes and (ii) will not sell your name, address or similar personal information to third parties or permit the use of such information outside the scope of the Mobile PC Upgrades online shopping service or Mobile PC Upgrades general business purposes. Mobile PC Upgrades may, and reserves the right to, use and disclose internally within Mobile PC Upgrades any aggregated information, including information you provide to Mobile PC Upgrades, regarding Mobile PC Upgrades customers and usage of the online shopping service, for any purpose.
8) Applicable law. These Terms and Conditions and the order form, collectively constituting the sole and entire agreement between Mobile PC Upgrades and you regarding the online shopping services, are governed by laws of the State of Washington without regard to conflict of laws rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in Seattle, Washington and King County, Washington.
9) Changes to Terms and Conditions. Mobile PC Upgrades reserves the right to, from time to time, with or without notice to you, in Mobile PC Upgrades sole discretion, amend the Terms and Conditions for use and purchases regarding the online shopping services. Any amendments by Mobile PC Upgrades will be effective only as to orders you place subsequent to Mobile PC Upgrades revisions of these Terms and Conditions on the web site to reflect the amendments. Mobile PC Upgrades will plan to notify you of any material amendments to the Terms and Conditions, however, it is your responsibility to review the Terms and Conditions prior to submitting each order and Mobile PC Upgrades has no responsibility to notify you of any changes prior to effectiveness of the changes or otherwise.
10) Terms and Conditions Govern. These Terms and Conditions, as amended from time to time, shall be the sole terms of the agreement between you and Mobile PC Upgrades regarding your online purchases. All statements otherwise made on the web site are intended only for your convenience and do not form and are not included in the terms for your purchase.
11) Mobile PC Upgrades Right to Refuse Service. Mobile PC Upgrades, in its sole discretion, reserves the right to refuse service to any person, company or entity, with or without cause or reason.
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