Terms of Use

These Terms & Conditions do not apply to Government Related Orders
Order Terms || Web-Site Terms

The following Terms and Conditions apply to the use of this Web site as
well as all transactions conducted through the site.

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE
RESOLUTION CLAUSE.

These terms and conditions (“Agreement”) apply to your purchase of
computer systems and/or related products and/or services and support
sold in the United States (“Product”) by the MCP entity named on the
invoice or acknowledgement (“MCP”) provided to you. By accepting
delivery of the Product, you accept and are bound to the terms and
conditions of this Agreement. If you do not wish to be bound by this
Agreement, you must notify MCP immediately and return your purchase. If
returned, Product(s) must remain in the boxes in which they were
shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE
PURCHASE AGREEMENT WITH MCP, IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN; OR (II) OTHER MCP TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

Payment Terms; Orders; Quotes; Interest

Payment terms are within MCP sole discretion, and, unless otherwise
agreed to by MCP, payment must be made at the time of purchase. Payment
for Product may be made by credit card, wire transfer, or some other
prearranged payment method. MCP may invoice parts of an order
separately. Your order is subject to cancellation by MCP, at MCP sole
discretion. Unless you and MCP have agreed to a different discount, MCP
standard pricing policy for MCP-branded systems, which include both
hardware and services in one discounted price, allocates the discount
off list price applicable to the service portion of the system to be
equal to the overall calculated percentage discount off list price on
the entire system. MCP is not responsible for pricing, typographical, or
other errors, in any offer by MCP and reserves the right to cancel any
orders resulting from such errors.

Shipping Charges; Taxes; Title; Risk of Loss Shipping and handling are
additional unless otherwise expressly indicated at the time of sale.
Loss or damage that occurs during shipping by a carrier selected by MCP
is MCP responsibility. Loss or damage that occurs during shipping by a
carrier selected by you is your responsibility. You must notify MCP
within 21 days of the date of your invoice or acknowledgement if you
believe any part of your purchase is missing, wrong or damaged. Unless
you provide MCP with a valid and correct tax exemption certificate
applicable to your purchase of Product and the Product ship-to location,
you are responsible for sales and other taxes associated with the
order. Shipping dates are estimates only. Title to software will remain
with the applicable licensor(s).

Warranties THE LIMITED WARRANTIES APPLICABLE TO MCP-BRANDED HARDWARE
PRODUCT CAN BE FOUND IN THE DOCUMENTATION MCP PROVIDES WITH THE PRODUCT.
MCP MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-MCP BRANDED
PRODUCT. SUCH PRODUCT IS PROVIDED BY MCP “AS IS”. WARRANTY AND SERVICE
FOR NON-MCP BRANDED PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL
MANUFACTURER, NOT BY MCP. MCP MAKES NO EXPRESS WARRANTIES EXCEPT THOSE
STATED IN MCP APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE
INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. WARRANTIES AND SERVICE WILL
BE EFFECTIVE, AND MCP WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND
SERVICES, ONLY UPON MCP RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE
WARRANTED OR SERVICED.

Software All software is provided subject to the license agreement that
is part of the software package and you agree that you will be bound by
such license agreement.

Return Policies You must contact us directly before you attempt to
return Product to obtain a Return Material Authorization Number for you
to include with your return. You must return Product to us in their
original or equivalent packaging. You are responsible for risk of loss,
shipping and handling fees for returning or exchanging Product.
Additional fees may apply. If you fail to follow the return or exchange
instructions and policies provided by MCP, MCP is not responsible
whatsoever for Product that is lost, damaged, modified or otherwise
processed for disposal or resale. At MCP discretion, credit for partial
returns may be less than invoice or individual component prices due to
bundled or promotional pricing.

Changed or Discontinued Product MCP policy is one of ongoing update and
revision. MCP may revise and discontinue Product at any time without
notice to you and this may affect information saved in your online
“cart.” MCP will ship Product that have the functionality and
performance of the Product ordered, but changes between what is shipped
and what is described in a specification sheet or catalog are possible.
Parts used in repairing or servicing Product may be new,
equivalent-to-new, or reconditioned.

Service and Support Service offerings may vary from Product to Product.
If you purchase optional services and support from MCP, MCP and/or your
third-party service provider will provide such service and support to
you in the United States in accordance with the terms and conditions
herein. MCP and/or the third-party service provider may at their
discretion, revise their general and optional service and support
programs and the terms and conditions that govern them without prior
notice to you. MCP has no obligation to provide service or support until
MCP has received full payment for the Product or service/support
contract you purchased. MCP is not obligated to provide service or
support you purchase through a third party and not MCP.

Limitation of Liability MCP DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY
FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS
OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES
AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MCP WILL NOT BE LIABLE
FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCT, MCP IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING
ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN
THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL
PURPOSE.

Applicable Law; Not For Resale or Export You agree to comply with all
applicable laws and regulations of the various states and of the United
States. You agree and represent that you are buying only for your own
internal use only, and not for resale or export. MCP has separate terms
and conditions governing resale of Product by third parties and
transactions outside the United States. Terms and conditions for resale
are located herein.

Governing Law THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE
UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND MCP
arising from or relating to this agreement, its interpretation, or the
breach, termination or validity thereof, the relationships which result
from this agreement, MCP advertising, or any related purchase SHALL, TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

Headings The section headings used herein are for convenience of
reference only and do not form a part of these terms and conditions, and
no construction or inference shall be derived there from.

Binding Arbitration ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE
CLAIMS) BETWEEN CUSTOMER AND MCP, its agents, employees, principals,
successors, assigns, affiliates (collectively for purposes of this
paragraph, “MCP”) arising from or relating to this Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who
are not signatories to this Agreement), MCP advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under
its Code of Procedure then in effect. The arbitration will be limited
solely to the dispute or controversy between customer and MCP. NEITHER
CUSTOMER NOR MCP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR
CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction
involves interstate commerce, and this provision shall be governed by
the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the
arbitrator(s) shall be final and binding on each of the parties, and may
be entered as a judgment in any court of competent jurisdiction. MCP
will be responsible for paying any arbitration filing fees and fees
required to obtain a hearing to the extent such fees exceed the amount
of the filing fee for initiating a claim in the court of general
jurisdiction in the state in which you reside. Each party shall pay for
its own costs and attorneys’ fees, if any. However, if any party
prevails on a statutory claim that affords the prevailing party
attorneys’ fees, or if there is a written agreement providing for fees,
the Arbitrator may award reasonable fees to the prevailing party, under
the standards for fee shifting provided by law.

Web Site Terms
The following Terms and Conditions apply to the use of this Web site as
well as all transactions conducted through the site.

Legal Notice All notices from to You may be posted on our Web site and
will be deemed delivered within thirty (30) days after posting. Notices
from You to shall be made either by e-mail, sent to the address we
provide on our Web site, or first class mail to our address at: 1565-103
Creek Street San Marcos, CA 92078 Delivery shall be deemed to have been
made by You to five (5) days after the date sent.

Copyright All content appearing on this Web site is the property of MCP
GOV 1565-103 Creek Street San Marcos, CA 92078 Copyright © 2005. All
rights reserved. As a user, you are authorized only to view, copy,
print, and distribute documents on this Web site so long as (1) the
document is used for informational purposes only, and (2) any copy of
the document (or portion thereof) includes the following copyright
notice: Copyright ®2005 MCP Computer Products, Inc. All rights reserved.

Trademarks All brand, product, service, and process names appearing on
this Web site are trademarks of their respective holders. Reference to
or use of a product, service, or process does not imply recommendation,
approval, affiliation, or sponsorship of that product, service, or
process by MCP GOV. Nothing contained herein shall be construed as
conferring by implication, estoppels, or otherwise any license or right
under any patent, copyright, trademark, or other intellectual property
right of MCP GOV or any third party, except as expressly granted herein.

Use of Site This site may contain other proprietary notices and
copyright information, the terms of which must be observed and followed.
Information on this site may contain technical inaccuracies or
typographical errors. Information, including product pricing and
availability, may be changed or updated without notice. MCP Computer
Products, Inc. and its subsidiaries reserve the right to refuse service,
terminate accounts, and/or cancel orders in its discretion, including,
without limitation, if MCP believes that customer conduct violates
applicable law or is harmful to the interests of MCP and its
subsidiaries.

Privacy Policy MCP GOV use of personal information that you may submit
through this Web site is governed by our strict Privacy Policy.

Shipping & Delivery MCP GOV ships merchandise within the continental
United States. We also ship OCONUS to Alaska, Hawaii, Puerto Rico, Guam
and international locations with US interests. The risk of loss and
title for all merchandise ordered on this Web site pass to you when the
merchandise is delivered to the shipping carrier.

Sales Tax MCP GOV charges sales tax for merchandise ordered on this Web
site based on the applicable state sales tax rate and the location to
which the order is being shipped.

Warranties The Content included in this Web site has been compiled from a
variety of sources and is subject to change without notice as are any
products, programs, offerings, or technical information described in
this Web site. MCP makes no representation or warranty whatsoever
regarding the completeness, quality, or adequacy of the Web site or
Content, or the suitability, functionality, or operation of this Web
site or its Content. By using this Web site, you assume the risk that
the Content on this Web site may be inaccurate, incomplete, offensive,
or may not meet your needs and requirements. MCP SPECIFICALLY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT
WILL MCP BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. — OR Depending on State — The information
and content on this server is provided “as is” with no warranty of any
kind, either express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose,
and non-infringement. Any warranty that is provided in connection with
any of the products and services described on this Web site is provided
by the advertiser or manufacturer only, and not by MCP Computer
Products, Inc. The references and descriptions of products or services
within the Web site materials are provided “as is” without any warranty
of any kind, either express or implied. MCP is not liable for any
damages, including any consequential damages, of any kind that may
result to the user from the use of the materials on this Web site or of
any of the products or services described hereon. The descriptions of,
and references to, products, services and companies on this Web site are
the sole responsibility of the companies providing the information
(“advertisers”), and not MCP Computer Products, Inc. The inclusion of
material on this server does not imply any endorsement by MCP, which
makes no warranty of any kind with respect to the subject matter of the
server materials advertised. A possibility exists that the server
materials could include inaccuracies or errors. Additionally, a
possibility exists that unauthorized additions, deletions, and
alterations could be made by third parties to the server materials.
Although MCP tries to ensure the integrity and the accurateness of the
server materials, it makes no guarantees about their correctness or
accuracy. Before relying on any representation made in any of the server
materials, check with the advertiser of the product or service to
ensure that the information you are relying upon is correct.

Return Policy You may purchase merchandise from this Web site by using
any one of the payment options listed in (link to Payment Options). MCP
reserves the right to change its payment procedures at any time without
prior notice to you.

Miscellaneous VOID WHERE PROHIBITED: Although the information on this
Web site is accessible worldwide, not all products or services discussed
in this Web site are available to all persons or in all geographic
locations or jurisdictions. MCP Computer Products Inc. and the
advertisers each reserve the right to limit the provision of their
products or services to any person, geographic area, or jurisdiction
they so desire and to limit the quantities of any products or services
that they provide. Any offer for any product or service made in the
materials on this Web site is void where prohibited. GOVERNING LAW: In
the event of litigation both parties agree that the Law of California
shall apply and both parties consent to the jurisdiction of the state
courts of California, or in the event of diversity of citizenship, the
United States District Court for the (District). Both parties expressly
waive a trial by jury. MISCELLANEOUS: The Terms and Conditions
constitute the entire agreement between you and MCP with respect to this
Web site. The Terms and Conditions supersede all prior or
contemporaneous communications and proposals, whether electronic, oral
or written between you and MCP with respect to this Web site. No
modification of the Terms and Conditions shall be effective unless it is
authorized by MCP. If any provision of the Terms and Conditions is
found to be contrary to law, then such provision(s) shall be constructed
in a manner to closely reflect, as much as possible, the intentions of
the parties, with the other provisions remaining in full force and
effect.

DISCLAIMER

All products, company names, brand names, trademarks and logos are the property of their respective owners.

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Terms of Use

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Payment Terms; Orders; Quotes; Interest

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