TERMS AND CONDITIONS ("Terms")
Last update: August, 2012
These terms apply to purchases of software and digital content, such as download links, license keys, codes, back-up CD's, etc. ("Products") sold to any person or entity ("You") through this website (the "Website") by PC Pitstop LLC or its Affiliates ("PC Pitstop" or "We"). IF YOU PLACE AN ORDER ON THIS WEBSITE YOU AGREE TO THESE TERMS.
2.1 PC Pitstop reserves the right to reject Your order and/or terminate Your subscription if it is unable to process or fulfill it without PC Pitstop being liable for any damages.
2.2 Upon such rejection PC Pitstop will refund any prior payment that You have made for that Product.
2.3 You confirm that all information provided by You when placing an order is up-to-date and materially accurate in order for PC Pitstop to fulfill Your order.
2.4 You are responsible for maintaining and updating Your account information for accuracy and completeness and keeping such information and any passwords secure against unauthorized access.
3. Price and Payment
3.1 Prices are specified on the Website, PC Pitstop reserves the right to adjust prices due to increases in costs including (without limitation) costs of any materials, delivery, the increase or imposition of any tax, duty or other levy and any variation in exchange rates, and programming, data or other errors in Our Website.
3.2 PC Pitstop will notify You of any errors in pricing prior to Product delivery. In the event of an increase in the price, You have the right to terminate the agreement. If You do not rescind the agreement, You accept the new conditions and prices as notified to You by PC Pitstop.
3.3 Payment shall be made prior to delivery and by such methods that are indicated on the Website or by any other method expressly agreed between You and PC Pitstop.
3.4 PC Pitstop will charge credit or debit cards online, after the order is placed and the credit card information is provided to PC Pitstop.
4.1 Delivery dates specified on the Website, in any order confirmation or elsewhere are estimates only. PC Pitstop will not be liable in respect of delay, but will do its best to ensure the delivery on time.
4.2 Delivery will be made to a valid address submitted by You. You must check the delivery address on the PC Pitstop acceptance provided to You and notify PC Pitstop at once about errors or omissions. PC Pitstop reserves the right to charge You for any extra costs arising from changes You make to the delivery address after You submit an order.
4.3 If You refuse or fail to take delivery of the Products delivered by PC Pitstop, any risk of loss or damage will pass to You and PC Pitstop will have the right to receive payment in full for the Products and to make delivery by any means appropriate. You will be liable to pay any additional costs incurred as a result of Your refusal or failure to take delivery. PC Pitstop will be entitled to dispose of the Products in such manner as it sees fit if You have not taken delivery of the Products after 30 days have passed since the agreed date of delivery.
4.4 You are not entitled to revoke or cancel in whole or in part this agreement with respect to downloaded Products in case of a defect. The risk of loss or damage passes to You upon delivery of the Products.
5. Software conditions
5.1 Products include PC Pitstop's end user license agreement (EULA). Such Products may be used only in accordance with EULA and may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, save, reverse engineered or combined with any other software, unless:
- this is permitted by EULA,
- expressly permitted by applicable law. Subject to Clause 10, Clause 11 and Clause 12 of these Terms the remedies in the EULA shall be Your sole remedies with regard to the Products.
6. Automatic Renewal
6.1 With respect to certain Products We provide You with an option to automatically renew Your agreement. You will be able to elect automatic renewal of the agreement for such Products.
6.2 Each renewal term will be equal in duration to the initial term.. You may terminate an agreement during any renewal term.
7.1 Under no circumstances and under no legal theory, tort, contract, or otherwise, shall PC Pitstop or its affiliates be liable for any indirect, special, incidental, or consequential damages, including loss of profits. PC Pitstop or its affiliates will be liable solely for damages caused by a breach of a material contractual obligation as a result of PC Pitstop's willful intent or gross negligence.
7.2 The aggregate amount of damages that can be claimed pursuant to this agreement shall not exceed $1000. This limitation of liability applies to all damage claims irrespective of their nature and will continue in force notwithstanding termination of this agreement.
7.3 You shall indemnify PC Pitstop against any liabilities, claims and costs incurred by or made against PC Pitstop as a direct or indirect result of selling Products or performing services to Your specifications causing an infringement or alleged infringement of any proprietary rights of any third party. This indemnification obligation does not apply to consumers.
PC Pitstop can suspend delivery of Products, or terminate this agreement, in case any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of You for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation (other than for the purposes of amalgamation or reconstruction), dissolution, receivership (administrative or otherwise), distress or execution, or if You become insolvent or are reasonably deemed unable to pay Your debts as they fall due, or anything analogous to the foregoing occurs. PC Pitstop can terminate Your order by a written notice sent to You by email or fax.
9. License to Products
9.1 The License to the Products will pass to You when PC Pitstop has received full payment for value of the price of the Products (including interest or other payment due for the Products).
9.2 If You are a consumer You shall not resell the Products.
10.1 You are responsible upon delivery for verifying that Products delivered by PC Pitstop are in accordance with the agreed specifications with respect to apparent defects, including short deliveries.
10.2 You must notify PC Pitstop of any such defect or short delivery in writing within 15 (fifteen) days of delivery.
11. Consumer revocation of an order
11.1 IF YOU ARE A CONSUMER, YOU WILL HAVE A "REFLECTION PERIOD" OF 15 (FIFTEEN) DAYS AFTER DELIVERY DURING WHICH YOU MAY REVOKE YOUR ORDER FOR ANY REASON THROUGH WRITTEN NOTICE TO PC PITSTOP AS SPECIFIED IN THE CHAPTER 12 - "NOTICE".
11.2 YOU HAVE NO RIGHT TO REVOCATION: (I) IN RELATION TO SOFTWARE PRODUCTS WHERE YOU HAVE BROKEN THE SEAL OF THE SOFTWARE; OR (II) WHERE YOUR ORDER CAN NOT BE RETURNED BECAUSE OF THE NATURE OF THE PRODUCTS, E.G. A PRODUCT CUSTOMIZED SPECIFICALLY TO YOUR ORDER.
11.3 WITH RESPECT TO DOWNLOADABLE PRODUCTS, YOUR RIGHT OF REVOCATION WILL TERMINATE UPON THE EARLIER OF THE EXPIRATION OF THE REFLECTION PERIOD, OR YOUR DOWNLOADING OF THE PRODUCT.
11.4 If You exercise the revocation right, You are required to return the relevant Products to PC Pitstop and PC Pitstop will reimburse Your payments. Return shipping of the Products will be at Your own expense. Where incorrect Products have been delivered to You, PC Pitstop will bear the costs of returning the Products regardless of the value of Your order.
11.5 If You are not able to return the Products or if the Products returned are defective, You are required to pay compensation, equal to the value of the Products. You shall make compensation payments for damaged Products within 30 days after You have notified PC Pitstop of the revocation of Your order. The Products must be returned to the PC Pitstop address stated on the delivery note that was accompanied with the Product.
12. Refund process:
12.1 To cancel an order placed in the PC Pitstop system refer to our Refund Policy.
13.1 You have the obligation to obtain at Your own expense any license or authorizations required by any legal authority for acquisition, delivery or use of the Products, evidence of which You must provide to PC Pitstop upon PC Pitstop's first request.
13.2 You will be liable for all expenses or charges incurred by PC Pitstop stemming from Your failure to obtain such license or authorizations. You are also responsible for complying with export control and custom duties laws and regulations in the territory where You order the delivery of Product, or use the Product.
14.1 Any notification or any other communication made in connection with Our contract shall be in written form and considered as duly sent or adequately issued if it is sent by mail, fax or email and is addressed to the contact data specified on the PC Pitstop Website.
Consumer complaints addressed to PC Pitstop may be sent to PC Pitstop, 2515 West 22nd Street, Sioux City IA 51103.
15. Governing Law
This agreement and any contractual or non-contractual obligations arising out of or in connection to it, shall be governed by and shall be construed in accordance with the laws of South Dakota in the United States of America.
You and PC Pitstop shall attempt to resolve amiably all disputes arising out of or in connection with this agreement within 30 days. If such amiable negotiations fail any such disputes shall be settled by the competent courts of South Dakota. If You are a consumer You may notify PC Pitstop within one month of PC Pitstop's invocation of this term that You wish to settle the dispute before the competent court as determined by applicable law.
17. General terms
17.1 The provisions of these Terms are separable, the lack of validity of any provision will not affect the validity of any other provision. Your order and these Terms contain the whole agreement between You and PC Pitstop relating to the transactions contemplated by this agreement and supersedes all previous agreements between You and PC Pitstop relating to these transactions.
17.2 PC Pitstop reserves the right to change these terms and conditions from time to time, notification of which will be posted on the Website. Your continued use of the Products after such notice has been posted constitutes Your acceptance of the changes. Any subsequent orders shall be subject to the revised terms and conditions.
17.3 You are not entitled to transfer or assign Your right and obligations under these terms to a third party, without the written approval of PC Pitstop.
18. Evergreen License
18.1 An Evergreen perpetual license will allow the customer to use the licensed full version of the software indefinitely - for non-commercial purposes.
18.2 The Evergreen perpetual license is non transferable.
18.3 The Evergreen perpetual license includes all future product and security updates.