This Terms of Service is a legal agreement between you and Computers & More, LLC (a Utah Corporation), that governs your access to and use of our Web site. By using our Services, you acknowledge that you have read and accepted the TOS, which constitutes the entire agreement between you and Computers & More, LLC, and governs your use of the Services, superseding any prior agreements between you and Computers & More, LLC (including, but not limited to, any prior versions of the TOS).

A. CERTAIN DEFINED TERMS

The following defined terms appear in this Terms of Service.

• "You", "you"; or "Buyer": A Customer that applies to, or registers to use, or uses, the Service to make Payment Transactions.
• Customer: A person that registers with the Service as a Buyer.
• PayPal : An Internet business which allows the transfer of money between Customers and vendors, avoiding traditional paper methods such as checks/cheques and money orders.
• Payment Instrument: The credit card or debit card that is registered by a Customer with PayPal to facilitate the processing of Payment Transactions. The Payment Instrument must be associated with a billing address in a country where the Service is made available.
• Payment Transaction: The processing of a payment through the Service that results in the debiting or charging of the Purchase Amount to a Buyer's Payment Instrument and the crediting of funds to a Seller.
• Product: Any merchandise, good or service that is listed for sale that a Buyer may pay for using the Service.
• Purchase Amount: The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes, and shipping or handling charges, as applicable.
• Service: The Checkout service, described in this Terms of Service, that facilitates the processing of Payment Transactions on behalf of a Seller.
• "C&M", "we", or "us": Computers & More, LLC, a Utah Corporation.

B. COPYRIGHT DISCLAIMER

It is your responsibility to provide us with all Material (or “Content”) to be used for your project. You certify that you are the owner of all Content submitted to us, or that you have obtained permission from the copyright owner to use any Content, including, but not limited to, software and programs, computer drivers, photographs, clip art, graphics, animations, video, music, text and other works of authorship. You are solely responsible for, and assume all copyright liability, for all Content you submit.

You agree to indemnify and hold C&M, and its respective representatives, licensees, successors, subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to, or arising out of, Content you provide, your use of our Services, your connection to the Services, your violation of the Terms of Service, or your violation of any rights of another.

C. COPYRIGHT STATEMENT

All content included on this site, such as text, graphics, logos, images, software, audio clips and video clips, are the property of Computers & More, LLC, its content suppliers, or partners and is protected by the United States of America and international copyright laws. Distribution is strictly prohibited without express prior written permission.

D. JURISDICTION; GOVERNING LAW

This Terms of Service shall be governed by the laws of Utah and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Millard County, Utah, United States of America. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

E. PRIVACY

You understand and agree that personal information provided to us in connection with the Service is subject to our Privacy Policy.

F. USE OF ELECTRONIC COMMUNICATION

We may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications on our Web Site. You agree that we may communicate with you by means of electronic communications the following: this Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, and any other matter relating to your use of the Service.

You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with this Terms of Service, or when we post the electronic communication on our Web Site.

For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the Service contact page to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) you may contact us through the contact page to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.

G. OTHER PROVISIONS

The failure of C&M to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Terms of Service, including C&M's policies governing the Service referenced herein, constitutes the entire agreement between C&M and Buyer with respect to Buyer's use of the Service. This Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than Buyer and C&M, and other C&M affiliates which each shall be a third party beneficiary of this Terms of Service for Buyers, and no other person shall assert any rights as a third party beneficiary hereunder.

H. INDEMNIFICATION

You agree to indemnify, defend and hold harmless C&M, and their subsidiaries and other affiliates, and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Service; (ii) any breach or non-compliance by you of any term of this Terms of Service or any of C&M's policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.

I. DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, C&M, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "C&M PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH C&M PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE C&M PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE C&M PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.

J. LIMITATIONS OF LIABILITY; FORCE MAJEURE

IN NO EVENT SHALL ANY C&M PARTY BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY C&M PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE C&M PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE C&M PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES C&M HAS ACTUALLY RECEIVED AND RETAINED FROM THE BUYER'S VALID PAYMENT TRANSACTIONS DURING THE 45-DAY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no C&M Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

K. ASSIGNMENT

You may not assign this Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign this Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

L. SURVIVAL

Upon termination of your use of the Service or termination of this Terms of Service for any reason, in addition to this section, the following sections shall survive termination: B through J, 2, and 5 through 7.

Additionally, if you use our checkout process as a purchaser of merchandise, goods, or services. Please review the entire Terms of Service before you decide whether to accept it and continue with the registration process.

BY CLICKING ON THE "AGREE AND CONTINUE" BUTTON ON THE REGISTRATION PAGE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE.

By agreeing to this Terms of Service for Buyers, you represent that you are:

• 18 years old or older; and
• capable of entering into a legally binding agreement.

If you are a business entity, you also represent that you are:

• duly authorized to do business in the country or countries where you operate; and
• your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to these Terms of Service and all transactions conducted under your username and password.

We use PayPal for our Payment Transactions. You must agree to PayPal's terms of service in addition to these Terms of Service.

We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.

2. USERNAME AND PASSWORD INFORMATION

You are responsible for: 1) maintaining the confidentiality of your username and password, 2) any and all transactions by persons that you give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge. You also agree to notify PayPal.

If Buyer is a business entity, Buyer agrees that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by Buyer with the authority to use the Service and legally bind Buyer. Buyer shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by Buyer, that access the Service using Buyer's user name and password.

We do not charge a fee to use the Service. The financial institution that issues your Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Payment Transaction. You should consult the terms and conditions governing your Payment Instrument for more information about any such fees.

4. REFUNDS

Except as set forth in this Terms of Service, all Payment Transactions processed through the Service are non-refundable to Buyer by C&M and are non-reversible by Buyer through the Service.

You can cancel your order within one week after you have received it. Products should be returned in their original, UNOPENED, packaging with all documents, disks, and all other materials intact. Non-defective open-box Products will incur a 20% restocking fee. C&M will not reimburse your Purchase Amount for shipping or handling charges for canceled or non-defective open-box Products.

Defective Products can be returned for replacement or refund. Buyer must send Product to C&M at Buyer's initial expense. C&M will reimburse shipping and handling charges to Buyer after receipt and confirmation of defective Product. C&M will send Buyer a company check for shipping and handling charges with the replacement Product or as a refund check. In cases where Buyer has purchased several Products in one order and is returning a portion of the original order, reimbursement for shipping and handling will be pro-rated based upon products returned. In no way is C&M liable to reimburse Buyer for entire shipping and handling charges when only part of an order is returned defective.

Buyer must return Product(s) to:

Computers & More, LLC
45 N Main Street
Fillmore, UT 84631-4507

5. TERMINATION OF SERVICE

We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.

Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred. Upon termination, we have the right to prohibit your access to the Service, including without limitation by deactivating your username and password, and to refuse future access to the Service by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).

6. NO ENDORSEMENT OF PRODUCTS

C&M does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content") displayed or distributed, purchased or paid through the Service, or our Web Site. C&M hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. C&M reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in C&M's sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Terms of Service for Buyers.

Communications to Buyer may be made by mail, email, postings on our Web Site or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on our Web Site. Notice to C&M may be made by mail to:

Computers & More, LLC
45 N Main Street
Fillmore, UT 84631-4507

8. MODIFICATION OF TERMS OF SERVICE FOR BUYERS

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on our Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.