PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products and services through smallbusinessdomination.com (referred to as the “site”). Custom Computer Solutions, LLC, the provider of the site (referred to as “us” or “we”), is in the business of selling informational tutorials on common issues involving personal computers. Some of the topics include downloading, installing, and configuring antivirus software, malware removal, updating, data backup, defragging, and various other topics. We will not be liable for any damages that result from following our tutorials. These damages include but are not limited to damages resulting from computer viruses, the uninstallation of programs, malware, computer crashes, program crashes, hard drive failures, data loss, software crash, defragmentation, drive damage, or issues with battery life. A more comprehensive statement of our limitation of liability is set forth below in Section 1.
Throughout some of the tutorials, we will make suggestions for free software that you can download. We do not make any warranties or guarantees with regard to any of these products.
By accessing the site, you agree to be bound by and accept these terms and conditions. These terms and conditions are subject to change by Computer Solutions, LLC (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should periodically review these terms and conditions. Your continued use of the site after such modifications will constitute your (a) acknowledgement of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.
1. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below.
ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL COMPUTER SOLUTIONS, LLC, ITS AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM: COMPUTER VIRUSES, THE UNINSTALLATION OF PROGRAMS, MALWARE, COMPUTER CRASHES, PROGRAM CRASHES, HARD DRIVE FAILURES, DATA LOSS, SOFTWARE CRASH, DEFRAGMENTATION, DRIVE DAMAGE, OR ISSUES WITH BATTERY LIFE. NO EMPLOYEE OR REPRESENTATIVE OF CUSTOM COMPUTER SOLUTIONS, LLC IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
2. Order Acceptance and Cancellation
Your receipt of an 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. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
3. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept Paypal for all purchases. The total purchase price for your order must be paid upfront. No Cash on Delivery Orders will be accepted.
Charges for shipping and handling will be made in accordance with our current shipping policies. The method of shipment will be up to the sole discretion of Custom Computer Solutions, LLC. All shipping prices are quoted in United States dollars. No Cash On Delivery orders can be accepted.
Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
These shipping terms are accepted by you by placing an order with us.
The price listed on the site does not include sales tax. Any purchase made on the site will be assessed sales tax in accordance with Ohio law.
4. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, errors in advertisements and other extenuating circumstances.
5. Advertising Disclaimer and Trademarks
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners.
6. Warranty and Return Policy
While we do not offer any warranties with respect to the products and services available through our site, we are committed to working with you to ensure that every product performs to the specifications. We offer a 60-day return policy on all items, with the 60-day period starting on the date the product is ordered. To return products, you must return the products to Custom Computer Solutions, LLC, 6834 W Sherri Dr., Macedonia, OH 44056. You are responsible for all shipping charges on returned items. You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals and other accessories and documentation provided.
These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.
7. Privacy and Customer Information
8. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
9. Age Limitation
You must be at least 18 years old to have our permission to use this site.
9. Governing Law and Statute of Limitations
This site is controlled by us from our offices within the State of Ohio, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Ohio, by accessing this site both of us agree that the statutes and laws of the State of Ohio, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Court of Common Pleas of Summit County, Ohio and the United States District Court for the Northern District of Ohio with respect to such matters.
All releases of liability, as described in Section 1 above, extend to and include any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. You expressly waive all rights under California Civil Code Section 1542, which provides:
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.
You represent and warrant that you have considered the possibility that claims, liabilities, injuries, damages, and causes of action that you do not presently know or suspect to exist in your favor may develop, accrue, or be discovered in the future, and that you voluntarily assume that risk. This waiver also applies to similar statutes in other jurisdictions.
Any cause of action brought by you against must be instituted with one (1) year after the cause of action arises or be deemed forever waived and barred.
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
10. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
1. Types of Information Collected
In order to better provide you with our numerous services, we collect Personally Identifiable Information. We collect this information generally to be able to deliver any products you may have ordered via email or regular mail. Also, some of the information such as your name and email address may be used to update you on new services we will be providing in the future.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as ordering a product or service, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), and email address. All credit card information will be take through Paypal. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
2. Collection Methods and Use of Information
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you register for our services and register your email address with us or send email messages, submit forms or transmit other information by telephone or letter. We may also collect information from you at other points on our site that state that such information is being collected.
3. Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others. We and our service partners use your Personally Identifiable Information to operate our sites and to deliver their services. For example, we must release your address information to the delivery service to deliver products that you ordered.
We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
5. User Choices on Collection and Use of Information
We may, from time to time, send you email regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Custom Computer Solutions, LLC (or agents working on behalf of Custom Computer Solutions, LLC and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information.
6. Security of Information
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
7. Privacy Policies of Third Party Sites
8. Age Limitation
You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.
Custom Computer Solutions, LLC
Attn: Privacy Compliance Officer
PO Box 670858
Northfield, OH 44067