These terms and
conditions govern your use of the International Wholesale Network (the
"Service"), operated by American Computer Resources, Inc. ("ACR"). By
using the Service you consent and agree to these terms and conditions:
1. You may order and purchase merchandise or services ("Products")
from the ACR Store from third parties vendors of such Products ("Vendors").
Certain Product specifications and other information have been provided by the Vendor and
ACR makes no representations or warranties as to the accuracy of such information. All
transactions concerning Products, including, but not limited to, purchase terms, payment
terms, warranties, guarantees, maintenance and delivery, are solely between Vendor and you
and your sole rights and remedies with respect thereto shall be against the Vendor. ACR
shall not be a party to a transaction between you and Vendor. By using the Service you
acknowledge and agree that ACR and its affiliates shall have no liability for any cost,
damage or harm arising directly or indirectly in connection with the delivery (or failure
to deliver), quality, performance or any other aspect of any products or services ordered
through the Service or from any action or inaction of any Vendor. ACR makes no warranties
or representations whatsoever with regard to any Product provided or offered by any Vendor
and you acknowledge that any reliance on representations and warranties, if any, provided
by any Vendor shall be at your own risk.
2. You have the option to purchase Products over the Service using a credit card
by sending that information over the Internet to the Vendor to whom your Product order is
directed. The Service uses the "Secure Sockets Layer," which is intended to
encrypt your communication to protect the information from access by unauthorized third
parties. However, neither ACR nor any Vendor can guarantee that the Secure Sockets Layer
will operate as intended or that a third party will not be able to access such
information. If you have any concerns about sending such information over the Internet,
you should use an alternative means of payment. By sending any sensitive information over
the Internet in connection with your use of the Service, you agree that neither ACR nor
any Vendor will have any liability for any failure by the encryption technology to protect
your information.
3. The Service may contain links to other sites on the Internet which are owned
and operated by Vendors or other third parties (the "External Sites"). You
acknowledge that ACR is not responsible for the availability of, or the content located on
or through, any External Site. You should contact the site administrator or Webmaster for
those External Sites if you have any concerns regarding such links or the content located
on such External Sites.
4. ACR reserves the right, in its sole discretion, to restrict, suspend or
terminate your access to all or any part of the Service at any time for any reason without
prior notice or liability. ACR may change, suspend or discontinue all or any aspect of the
Service at any time, including the availability of any feature, database, or content,
without prior notice or liability. ACR reserves the right, in its discretion, to change or
modify all or any part of this Agreement at any time, effective immediately upon notice
published on the Service. Your continued use of the Service constitutes your binding
acceptance of these terms and conditions, including any changes or modifications made by
ACR as permitted above. If at any time the terms and conditions of this Agreement are no
longer acceptable to you, you should immediately cease use of the Service.
5. NONE OF ACR, ANY VENDOR OR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
ACR, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO
THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, THE CONTENT OR THE PRODUCTS. THE
SERVICE, THE CONTENT AND THE PRODUCTS ARE DISTRIBUTED ON AN "AS IS, AS
AVAILABLE" BASIS. NONE OF ACR, VENDORS, THIRD PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANYCONTENTOR ANY FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS SOLD
THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENTIS ASSUMED
SOLELY BY YOU.
6. NEITHER ACR, ANY VENDOR, THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR PRODUCTS, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES THE
LIABILITY OF ACR, VENDORS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. This Agreement shall be construed in accordance with the laws of the State of
Connecticut, and the parties irrevocably consent to bring any action to enforce this
Agreement in the Federal or state courts located in Hartford, CT. This Agreement
constitutes the entire agreement between the parties with respect to the subject matter
hereof, and supersedes all previous written or oral agreements between the parties and no
waiver by either party shall be deemed a waiver of any preceding or subsequent breach or
default.