Terms and Conditions
USE OF SITE
This website is provided solely for the use of current and future customers of Pelstar to provide you with information about our company, information about services and products listed on our website, to make appointments for computer service and repair, to order for any products and services offered by Pelstar, and to enable you to contact us with any questions or comments that you may have. In order to use this website, you agree that you:
- Are 18 years of age or older
- Have legal capacity to enter into a contract
- Have provided true and accurate information to Pelstar
SERVICE APPOINTMENTS AND PRODUCT PURCHASES
If you make a service appointment or purchase products on this website, you warrant that the information you provide to Pelstar is true and accurate and that you have the right to make transactions using the information provided. Pelstar is not liable for any misrepresentation of information by a customer.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Website is at your sole risk. Neither Pelstar, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, independent contractors and service technicians, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information.
Further, Pelstar does not warrant reliability of any statement or other information displayed or distributed through the site. Pelstar reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Pelstar may make any other changes to this site, the Materials and the services, products, programs, or prices (if any) described in this site at any time without notice.
This site and the information, content, and materials on this site are provided On an “as is,” “where is,” and “where available” basis. Pelstar makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site.
To the fullest extent permissible under applicable law, Pelstar expressly disclaims all warranties, express or implied, of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and noninfringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
LIMITATION OF LIABILITIES
You agree that Pelstar shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Pelstar or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the services, materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether Pelstar or any of its providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify, defend, and hold harmless Pelstar, its affiliates, agents, employees, independent contractors, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related to (1) claims made by third parties due to or arising out of the content you submitted or made available through Pelstar; (2) your use of the site; (3) violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
TERM AND TERMINATION
Without limiting its other remedies, Pelstar may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
As a convenience to you, we may provide on this site links to Websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Pelstar.
The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Pelstar. Pelstar does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Pelstar.
Links do not imply that Pelstar or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Pelstar or any of its affiliates or subsidiaries.
Except for links to information authored by Pelstar, Pelstar is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Pelstar reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., without reference to its conflicts of laws provisions. Pelstar makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree that if a dispute or claim arises between Pelstar and you arising out of the use of this site or out of the services you may arrange by use of this site, the exclusive venue for all disputes arising out of or in connection with this agreement shall be the Small Claims, District, or Superior Court of the Commonwealth of Massachusetts, Middlesex County and Client submits to jurisdiction in those courts, and you agree to pay all attorney’s fees associated with such claim.
This Agreement constitutes the entire agreement between Pelstar and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Pelstar with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Pelstar does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from Pelstar solely through electronic transmission.
You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
PRICING AND TERMS AGREEMENT
Pelstar, Inc strongly recommends that Client safeguard critical data by backing up said data prior to any services performed by Pelstar, Inc. Unless specifically requested and provided as a paid service by Pelstar, Inc, Client is responsible for any backup, archiving, or protective storage as well as restoration, if required, of Client’s data. Pelstar, Inc is a provider of billable on-site services. Neither the signing of this agreement nor the performance of services by Pelstar, Inc implies availability of telephone technical support. This document constitutes the entire agreement.