Please read the following Terms of Service Agreement carefully. By accessing or using our sites and services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the Terms of Service before proceeding to use this site. By entering Central Valley Computer Parts (CVCP) website you are agreeing to the terms and conditions laid out in this Terms of Service agreement. This Terms of Service Agreement is effective as of 09/30/2016 and was updated 8/13/18..
ACCEPTANCE OF TERMS
The following Terms of Service Agreement is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Central Valley Computer Parts, Inc. , located at 986 Dexter Way, Ripon, CA 95361 and our subsidiaries and affiliates, in association with the use of the CVCP website, which includes CentralValleyComputerParts.com (the “Site”) and its services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The website is an e-commerce website which has the following description:
Any and all visitors to CVCP’s website, despite whether they are registered or not, shall be deemed as “users” of the herein contained services provided for the purpose of this Terms of Service Agreement. Once an individual registers for our services, through the process of creating an account, the user shall then be considered a “member”.
The user or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of CVCP. At its discretion, CVCP may offer additional website services and/or products and any and all updated, modified or revised services unless otherwise stipulated. CVCP does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledge, accept and agree that CVCP shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes and/or modifications shall continue your acceptance of such updates, changes and/or modifications, as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect and that you agree to them.
Furthermore, the user and/or member understands and agrees that the services offered shall be provided “AS IS’ and as such CVCP shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving CVCP’s services under the laws and statues of the United States or other applicable jurisdiction.
When you register, CVCP may collect information such as your name, email address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with CVCP and sign in to our services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) Furnish factual, correct, current and complete information with regards to yourself as may be required by the data registration process, and
b) Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, CVCP will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of CVCP services or any portion thereof.
Every member’s registration data and various other personal information are strictly protected by the CVCP Online Privacy & Security Policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by CVCP and/or subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms of Service Agreement. It shall be your responsibility to notify CVCP immediately if you notice any unauthorized access or use of your account or password or any other breach of security. CVCP shall not be held liable for any loss and/or damage arising from any failure to comply with the terms and/or conditions of the Terms of Service Agreement.
As a user and/or member of the website, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the CVCP services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by CVCP.
Furthermore, you herein agree to make use of CVCP services for the purpose of:
a) Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, or invasive of another’s privacy or which is hateful, and/or otherwise objectionable;
b) Causing harm to minors in any manner whatsoever;
c) Impersonating any individual or entity, including, but not limited to, any CVCP officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) Forging captions, headings, or titles or otherwise offering any content that you do not personally have any right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) Uploading, posting, emailing, transmitting or otherwise offering any such content may infringe upon any patent, copyright, trademark, or any other contractual or fiduciary relationship with;
f) Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail”, “spam” or other form of solicitation, except in any such areas that may have been designed for such purpose;
h) Uploading, posting, emailing, transmitting, or otherwise any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunications equipment;
i) Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
j) Interfering with or disrupting any CVCP services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) “stalking” or with the intent to otherwise harass another individual; and/or
l) Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
CVCP herein reserves the right to pre-screen, refuse, and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any content that would violate the Terms of Service Agreement or which otherwise be considered offensive to other visitors, users and/or members.
CVCP herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) Compliance with any legal process;
b) Enforcement of the Terms of Service Agreement
c) Responding to any claim that herein contained content that is in violation of the rights of any third party;
d) Responding to requests for customer service; or
e) Protecting the rights, property or the personal safety of CVCP its visitors, users and members, including the general public.
CVCP herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by CVCP or any other content providers supplying content services to CVCP. You or any hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore, unauthorized whether done so in whole or in part, is expressly prohibited.
CONTRIBUTIONS TO COMPANY WEBSITE
CVCP provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) Your contribution do not contain any type of confidential or propriety information;
b) CVCP shall not be liable or under any obligation to ensure or maintain confidentiality expressed or implied related to any contributions;
c) The contributions shall automatically become the sole property of CVCP; and
d) CVCP is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold CVCP, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member and/or user of our website may submit, post, modify, transmit or otherwise make available of the Terms of Service Agreement and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The users and/or members or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to CVCP’s website.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that CVCP may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by CVCP, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our services, the maximum disk space allowable that shall be allocated on CVCP servers pm the member’s behalf and/or the maximum number of times and/or duration that any member may access our services in a given period of time. In addition, you also agree that CVCP has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communication or content maintained or transmitted by our services. You also herein acknowledge that we reserve the right to delete or remove any account that is not longer active for an extended period of time. Furthermore, CVCP shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
CVCP shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of or services, or any part thereof.
As a member of CVCP you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to cchessum@CentralValleyComputerParts.com
As a member, you agree that CVCP may without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but not limited to:
a) Any breach or violation of our Terms of Service Agreement or any other incorporated agreement, regulation and/or guideline;
b) By way of requests from law enforcement or any other governmental agencies;
c) The discontinuance, alteration and/or material modification of our services, or any part thereof;
d) Unexpected technical or security issues and/or problems
e) Any extended periods of inactivity;
f) Any engagement by you in any fraudulent or illegal activities; and/or
g) The nonpayment of any associated fees that may be owned by you in connection with your CentralValleyComputerParts.com account services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.
The termination of your account with CentralValleyComputerParts.com shall include any and/or all of the following:
a) The removal of any access to all or part of the services offered within CentralValleyComputerParts.com
b) The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof and
c) The barring of any further use of all or part of our services.
Either CVCP or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that CVCP shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that CVCP services and any essential software that may be used in connection with our services (“software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by CVCP or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on CVCP’s services (e.g. content and/or software), in whole or part.
CVCP herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our software on a single computer, as long as you do not, and shall not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the software. Furthermore, you do herein agree not to alter or change the software in any manner, nature or form, and as such , not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by CVCP for use in accessing our services.
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF CVCP’s SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. CVCP AND OUR SUBSIDIARIES, AFFILIATES, OFFICIERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) CVCP AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT i) CVCP SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; ii) CVCP SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CVCP SERVICES OR SOFTWARE WILL BE ACCURATE OR RELABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATON OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINEDBY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF CVCP SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSE OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS. DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OF MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL. THAT MAY BE OBTAINED BY YOU FROM CVCP OR BY WAY OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AGREEMENT.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUND THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPIC SYMPTOM IN USERS WHO HAVE SOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYSMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CVCP AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGERS WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE OF DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGE MAY OCCUR AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURRING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERNATION OF YOUR TRANSMISSION AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE
In the event you have a dispute, you agree to release CVCP (and it’s officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this Terms of Service Agreement, that there shall be no third-party beneficiaries to this agreement.
CVCP may furnish you with notices, including those with regards to any changes to the Terms of Service Agreement, including but not limited to email, regular mail, MMS (Multimedia Messaging Service) or SMS (Short Message Service), text messaging, postings on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspect of the Terms of Service Agreement by accessing our services in an unauthorized manner. Your acceptance of this Terms of Service Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.
You herein acknowledge, understand and agree that all of the CVCP trademarks, copyright, trade name, service marks, and other CVCP logos and any brand features, and/or product and service names are trademarks and as such remain the property of CVCP. You herein agree not to display and/or use in any manner the CVCP logo or marks without obtaining CVCP’s written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
CVCP will always respect the intellectual property of others, and we ask that all of our users do the same. With regard to appropriate circumstances and at its sole discretion, CVCP may disable and/or terminate the accounts of any user who violates our Terms of Service Agreement and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should