Conditions of Use

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.  texaspcguy.com operates this web site as a service to our customers, and by using this site you agree to comply with and to be bound by the following terms and conditions. Please review these terms and conditions carefully and review these terms periodically to ascertain whether the terms and conditions have been modified.  If you choose not to accept these terms and conditions, you should not review information or seek to obtain products, goods, services, or information from this site.

The issuance of an order confirmation does not signify our acceptance of your order.  Acceptance of your order is provided by notice of shipping. texaspcguy.com reserves the right at any time after receipt of your order to accept or decline your order for any reason, including but not limited to limitations on stock or availability. texaspcguy.com further reserves the right reduce the quantity of your order, without prior notice, and shall notify you, the customer, any time such reduction shall be necessary. All orders exceeding $1000.00 ( USD ) must obtain pre-approval with an acceptable method of payment. We may require additional information or verification before accepting any order. texaspcguy.com is a reseller to end users.  We do not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell our products. 

1. Acceptance of Agreement. You agree to the terms and conditions set forth in this Terms and Conditions of Use Agreement ("Agreement") with respect to this website ("Site"). This Agreement constitutes the entire agreement between you texaspcguy.com in its entirety and that this agreement shall supersede all prior agreements, contemporaneous agreements, representations, warranties and understandings with respect to the Site or the content, products, or services made available by The PC Guy through this Site. texaspcguy.com reserves the right to amend this agreement at any time and without providing individualized notice of such amendment to you. Any amendment to these terms shall become effective once posted under the Conditions of Use section of this Site. It is your responsibility to review this agreement prior to making any purchase, including but not limited to subsequent purchases. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such content or any part of the Site, except as allowed by Section 4, is strictly prohibited. Your agreement to these terms and conditions does not transfer to you the right to any content, document, or other materials viewed through the Site. The posting of information and materials on the Site does not constitute a waiver of any right in such information and materials and all rights are reserved.
3. Fraud: By becoming a member, you confirm that the information provided to texaspcguy.com is true and correct and that you agree to abide by these Terms and Conditions of Use.  We reserve the right to cancel your membership for any reason, including but not limited to discovering that you have provided false or misleading information, the Terms and Conditions of use have been violated, or any other abuses have occurred, whether intentional or not, as determined by texaspcguy.com in its sole discretion. If membership has been revoked, The PC Guy reserves the right to refuse membership, access, products, or services. 
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Return Policy. DOA/defective products are returned for REPLACEMENT ONLY with the same product/model. Deviations from this policy may result in a 20% Returns Processing Service Charge.

• You may request an RA number by emailing a request which MUST INCLUDE your ORDER NUMBER and the REASON THAT YOU ARE REQUESTING THE RETURN. Return Authorization (“RA”) numbers are good for fourteen (14)days only. Any products returned after the expiration date will be refused.
• If the product is found to be non-defective, an inspection fee of at least $25, or 15% per unit, will be billed to your account.
• Defective product must be in original factory carton with all original packing materials.
• All miscellaneous materials such as manuals, accessories and cables must be included. If any of these materials are missing, your account will be billed accordingly.
• The Return Authorization number must be on the shipping label, not the carton. DO NOT WRITE ON THE CARTON.
• Returns must be shipped freight prepaid. Products received without an RA number, freight collect, not approved for return, or in any way not meeting the above criteria, will be refused.  
• THE PC GUY provides credits based on purchase price or current price, whichever is lowest.

• ANY DEVIATION FROM RETURN POLICIES WILL RESULT IN THE PRODUCT BEING RETURNED TO YOU WITH NO CREDIT ISSUED.

7. Indemnification. You agree to indemnify, defend and hold texaspcguy.com and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
8. Nontransferability. Your right to use the Site is not transferable. Any password or right given to you to place orders or to obtain information, documents, products, or services is not transferable and may only be used by you.
9. Disclaimer. THE INFORMATION CONTAINED ON THIS SITE IS PROVIDED "AS-IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  THE INFORMATION AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY CONTAIN ERRORS, PROBLEMS, MISTAKES OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, THE PC GUY AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE CONSTITUTE FUNDAMENTAL ELEMENTS AND COMPRISE THE BASIS OF THE AGREEMENT BETWEEN YOU AND THE PC GUY.  THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXASPCGUY.COM SHALL BE CONSTRUED TO CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation of Liability. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OR OF INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
11. Ordering. Products appearing on the Site do not constitute an offer to sell such product. Your submission of an order through the Site’s web-based interface or through direct contact with a representative of The PC Guy does not constitute acceptance of an offer by texaspcguy.com. Your submission of an order for a product constitutes an offer to buy such product and texaspcguy.com reserves the right to accept or to reject an offer made through the placing of an order without limitation and for any reason or no reason at all. The PC Guy reserves the right to refuse acceptance of your offer and you waive any damages, whether occurring as a direct or indirect result of such refusal to accept your order, including any and all consequential damages.
12. Use of Information. We reserve the right, and by your continued use of this Site you authorize texaspcguy.com, to use all information regarding Site use and all information provided by you for any uses that comports with the Site’s Privacy Policy, also available online.
13. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. The PC Guy is not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
14. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants apply to you while on such sites to the extent permitted by law. We are not responsible for information provided by you to Merchants. The PC Guy and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
15. Privacy Policy. Our Privacy Policy, CLICK HERE TO VIEW THE PRIVACY POLICY, as it may change from time to time, is hereby incorporated as a part of this Agreement.
16. Payments. You represent and warrant that if you are purchasing something from The PC Guy or from any Merchant that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
17. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any link to another website found or appearing on this Site does not imply approval or endorsement of the linked website by texaspcguy.com. If you decide to leave this Site and access these third-party sites, you do so AT YOUR OWN RISK.
18. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed the sole property of texaspcguy.com. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose consistent with our Privacy Policy, without incurring any obligation compensate the provider of such Submissions.
19. Verify Members' Address:  texaspcguy.com reserves the right to contact a Member via standard post mail, phone number, or email to verify the accuracy of account information (including the Member's correct name and address) prior to accepting any order.