Welcome to
FlashPCs.com. FlashPCs.com is a division of Diversified Data
Solutions, Inc. which provides services to you subject to the
following conditions. If
you visit or shop at FlashPCs.com, you accept these conditions.
Please read them carefully. In
addition, when you use any current or future FlashPCs.com
service (e.g., FlashPCs.com World Wide Web Gateway) or visit or
purchase from
any business affiliated with FlashPCs.com, whether or not
included in the FlashPCs.com Web site, you also will be
subject to the guidelines and conditions
applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your
visit to FlashPCs.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit FlashPCs.com or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications
from us electronically. We will communicate with you by e-mail or by
posting
notices on this site. You agree that all agreements, notices,
disclosures and
other communications that we provide to you electronically satisfy any
legal
requirement that such communications be in writing.
TRADEMARKS
The FLASHPC mark indicated on our site is a trademark of
Diversified Data Solutions,
Inc. in the United States and other countries. The FLASHPC
trademark may not be
used in connection with any product or service that is
not FlashPCs.coms, in any
manner that is likely to cause confusion among customers, or in any
manner that
disparages or discredits FlashPCs.com. All other trademarks
not owned by Diversified Data Solutions, Inc. that
appear on this site are the property of
their respective owners, who may or may not be affiliated with,
connected to,
or sponsored by FlashPCs.com.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your
computer, and you agree to accept responsibility for all activities
that occur
under your account or password. FlashPCs.com does sell
products for children, but
it sells them to adults, who can purchase with a credit card. If you
are under
18, you may use FlashPCs.com only with involvement of a parent
or guardian. FlashPCs.com and its affiliates reserve the right
to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole
discretion.
REVIEWS, COMMENTS,
COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send
e-cards and other communications; and submit suggestions, ideas,
comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties
or
objectionable and does not consist of or contain software viruses,
political
campaigning, commercial solicitation, chain letters, mass mailings, or
any form
of spam. You may not use a false e-mail address, impersonate
any person or
entity, or otherwise mislead as to the origin of a card or other
content. FlashPCs.com reserves the right (but not the
obligation) to remove or edit such
content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant FlashPCs.com and its affiliates a
nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to
use,
reproduce, modify, adapt, publish, translate, create derivative works
from,
distribute, and display such content throughout the world in any media.
You
grant FlashPCs.com and its affiliates and sublicensees the
right to use the name
that you submit in connection with such content, if they choose. You
represent
and warrant that you own or otherwise control all of the rights to the
content
that you post; that the content is accurate; that use of the content
you supply
does not violate this policy and will not cause injury to any person or
entity;
and that you will indemnify FlashPCs.com or its affiliates for
all claims
resulting from content you supply. FlashPCs.com has the right
but not the
obligation to monitor and edit or remove any activity or
content. FlashPCs.com
takes no responsibility and assumes no liability for any content posted
by you
or any third party.
RISK OF LOSS
All items purchased from FlashPCs.com are made pursuant to a
shipment
contract. This means that the risk of loss and title for such items
pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
FlashPCs.com attempts to be as accurate as possible.
However, FlashPCs.com does not warrant that product
descriptions or other content
of this site is accurate, complete, reliable, current, or error-free.
PRICING
With respect to items sold by FlashPCs.com, we cannot confirm
the
price of an item until you order; we do charge your
credit card after your order has been successfully
submitted.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FLASHPCS.COM ON AN AS IS AND AS AVAILABLE
BASIS. FLASHPCS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLASHPCS.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. FLASHPCS.COM DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM FLASHPCS.COM ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. FLASHPCS.COM WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting FlashPCs.com, you agree that the laws of the state
of Georgia, without regard to principles of conflict of laws, will
govern these
Conditions of Use and any dispute of any sort that might arise between
you and FlashPCs.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to FlashPCs.com
or to
products you purchase through FlashPCs.com shall be submitted
to confidential
arbitration in Atlanta, Georgia, except that, to the extent you have in
any
manner violated or threatened to violate FlashPCs.coms
intellectual property
rights, FlashPCs.com may seek injunctive or other appropriate
relief in any state
or federal court in the state of Georgia, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement
shall
be conducted under the rules then prevailing of the American
Arbitration
Association. The arbitrators award shall be binding and may be entered
as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall
be
joined to an arbitration involving any other party subject to this
Agreement,
whether through class arbitration proceedings or otherwise.
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