Terms of Sale

Sales/Returns Policy and Agreement:

Payment Methods

• Visa
• MasterCard
• Discover Network
• PayPal
• PC Medic Plus LLC. Gift Card
• No Purchase Orders, Fax or C.O.D. orders please. Please accept our apologies but PC Medic Plus LLC..com does not accept international credit cards at this time.

Shipping Methods

• FedEx Priority Overnight – Delivery within 1 business day + 24-48 hours to process the order.
• FedEx Ground – 5 to 7 business days + 24-48 hours to process the order.
  For Hawaii and Alaska customers, FedEx can only ship via 2Day Air and the shipping time will not be guaranteed. Therefore, PC Medic Plus LLC..com will default to and charge for 2Day Air.
• FedEx only offers 2Day service to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.

 

• • All orders require 24-48 hours processing time before shipping.
  • PC Medic Plus LLC..com does not process orders during weekends.
  • No deliveries will be made on Saturday or Sunday.
  • PC Medic Plus LLC..com does not guarantee same day shipping.
  • All orders shipped may be subject to sales tax
  • Exact delivery times to Hawaii, Alaska and Puerto Rico cannot be guaranteed.

Price Matching

pcmedicplus.com does not price match competitors. For your convenience, all of our most current pricing is listed on our Web site and updated in real-time. Prices are non-negotiable.

Website use

You agree to use pcmedicplus.com website (the “Website”) only for purposes that are permitted by this Policy & Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Website other than through the interface that is provided by pcmedicplus.com, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of pcmedicplus.com. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for any breach of your obligations under this Policy & Agreement and for the consequences (including any loss or damage which pcmedicplus.com may suffer) of any such breach.

Cross-Ship

PC Medic Plus LLC..com does not cross-ship under any circumstance.

Gifts

pcmedicplus.com may offer complimentary customer appreciation gifts with the purchase of selected merchandise. On the product page of qualified merchandise, choose your preferred Customer Appreciation Gift via radio button and click the item’s Add to Cart button. Both the product and the gift item will be added to your cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a gift to your cart, an intermediary page will be promoted to provide you with a second chance. Gift offers valid only while supplies last.

Combo Specials

Combo Specials may be offered by pcmedicplus.com as a way of purchasing two items together at a discounted price. To take advantage of a listed Combo Special, select the desired Combo Special from the individual item listing and click Add to Cart. Both items will be added to your shopping cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a Combo Special to your cart, an intermediary page will be promoted to provide you with a second chance. Only one of each Combo Special can be purchased per order. Offers valid only while supplies of both items last. If you attempt to purchase multiple units of a Combo Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer’s “limit one per household” provision). pcmedicplus.com cannot guarantee the compatibility of combo items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.
*Please note that an item advertised as “free” in a combo special may still incur a shipping charge.

Bundle Specials

Bundle Specials are offered to pcmedicplus.com shoppers as a way to purchase multiple items together at a discounted price. Only one of each Bundle Special can be purchased per order. Offers valid only while supplies of all items within the bundle last. If you attempt to purchase multiple units of a Bundle Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer’s “limit one per household” provision). pcmedicplus.com cannot guarantee the compatibility of bundle items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.

If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of the original invoice date. Note that a 15% restocking fee will be applied. Components within a Bundle Special may be returned for repair/replacement only. Individual items within a bundle may only be returned for repair/replacement if an RMA number is acquired within the standard return period.

Customized systems

Customized systems are built-to-order. The components you select for your system will be assembled and tested by trained staff. Customized systems require adequate time for assembly as well as testing to ensure the components are functioning properly. Assembly time varies depending on the system.

Your order must be charged in full before we begin building your system. Please note that once an order is charged, it cannot be changed or canceled.

All returns for refund, including refused packages, will be charged a non-refundable 15% restocking fee. All other standard return policies apply. Please refer to the PC Medic Plus LLC. Return Policy for complete details.

Product Tour

The product resources offered in Product Tour are provided courtesy of their respective developers. As such, pcmedicplus.com is not responsible in any way for the accuracy of claims, representations or suggestions made in these materials. Similarly, all compatibility or technical issues should be directed to the appropriate developer or manufacturer. These resources are provided on an “as is” basis by pcmedicplus.com as a supplementary service to you, the user. We offer these resources to you strictly for informative purposes as they may lend valuable insight into products you are interested in and clarify any associated benefits.

Promo Codes

pcmedicplus.com will sometimes furnish an alphanumeric code that can be used for promotions on our Web site. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the pcmedicplus.com Web site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.

Mail-in Rebates

For your convenience, PC Medic Plus LLC..com does its best to advertise any current rebates on our Web site. Any use of these rebates is limited to the terms and conditions specified by the product manufacturer. If you have any questions regarding rebate terms and conditions, please contact the manufacturer directly.

Sales Tax

Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into California, Florida, Georgia, Indiana, New Jersey, Ohio, and Texas will be charged applicable sales tax according to your area’s tax rate. Please note that the sales tax for New Jersey is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.

Duty Tax

FedEx only offers 2Day or overnight services to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.

Product Testing

pcmedicplus.com, like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. pcmedicplus.com does not conduct product testing before shipping any merchandise.

“Must Be Purchased with Hardware”

The “must be purchased with hardware” precept is mandated by the software publisher. In accordance, pcmedicplus.com customers must purchase some type of product which falls under the general category of computer hardware in order to purchase applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, processor and a floppy drive are all examples of merchandise that will qualify). There is no specific or set price the hardware has to be, merely that there is some sort of eligible hardware present in the order itself.

Refund Policy

All defective merchandise unless otherwise indicated may be returned within 30 days from the original invoice date for a refund or exchange. CPUs must be returned within 7 days from the invoice date for a refund. A return authorization number is required for all returns. A 15% restocking fee may apply. Additional deductions may be made for CPU returns to reflect the current market value. These terms apply to all refunds. Customers must inform pcmedicplus.com of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.

• Downloadable software may not be exchanged or returned for a refund after purchase.
• DVDs are non-refundable but may be exchanged for a functional version of the same film by using the pre-paid shipping label packaged with your order.

Cell Phone Return Policy

Customers who purchase wireless communication equipment, such as cell phones, from pcmedicplus.com and who purchase a wireless communication service plan from a third party through pcmedicplus.com as part of the same order, have an opportunity to try out the service and equipment to make sure they are satisfied. If according to the agreement for wireless service between Customer and their wireless service provider Customer is able to cancel their service (Service cancellation is actually governed by the terms of your agreement with the wireless service provider and should be reviewed) within 14-days (however it may instead be thirty (30) days for activations by customers whose primary place of use of the service is within the State of California (i.e. the customer’s service is activated using a California area code) and who purchase their service on or after December 6, 2004) then Customer may also return the wireless communication equipment within such same time period (i.e. 14 days or 30 days as applicable) after Activation, with no early termination fee, no non-usage based fee, no restocking fee and no reimbursement of any equipment discount. Please click here for information about how you may return the equipment should such be allowed as set forth above.

Software Return Policy

Retail Software may only be returned for refund within 30 days of the invoice date if the packaging is unopened and untampered with. Opened retail software cannot be returned for refund. If you have opened a retail software purchase to discover a damaged and/or defective disc, you may exchange the software for an identical replacement by contacting pcmedicplus.com Customer Service at support@pcmedicplus.com and acquiring an RMA number. All OEM software including the operating system is 100% non-refundable once purchased and delivered. OEM versions are intended for system builders only and cannot be transferred to another PC once it is installed. Purchasers of this software are required to comply with the terms of the System Builder License, including responsibility for providing all end-user support. pcmedicplus.com is not responsible for system/software incompatibility, and incompatibility issues do not qualify software as damaged or defective. Customers are encouraged to contact the respective software publisher for answers to technical questions, such as minimum system requirements, prior to purchase.

Physical Damage Policy

Physical damage to any product purchased at pcmedicplus.com will effectively void warranty coverage. Improper Installation of CPU fans and/or improper clocking may cause CPUs to chip. CPUs that are chipped, burnt or have bent pins are considered physically damaged and cannot be returned for refund or replacement. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. pcmedicplus.com encounters bent pins regularly when inspecting physically damaged CPUs. Forcing a processor into position will not solve an installation problem and may consequently void any applicable warranty coverage. Intel and AMD will not accept physically damaged processors back from pcmedicplus.com. As a result, pcmedicplus.com will return any physically damaged CPU back to the customer at the customer’s expense.

Restocking Fee

A 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.

Technical Support

pcmedicplus.com may offer technical assistance for a fee. We cannot offer advice on compatibility of items, make product recommendations, provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at pcmedicplus.com.

Processing Time

You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. pcmedicplus.com does not guarantee same day-shipping. Orders are not processed on weekends and holidays.

Backorders

pcmedicplus.com does not sell backordered merchandise. We will never purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or possibly because the last few items on our shelves are damaged and/or not in a condition that we can sell to a customer. In that instance, we will refund your credit/debit card for the item, along with any applicable tax fees and shipping charges. An automated email will also be sent to your pcmedicplus.com login to alert you of the situation.

Order status

pcmedicplus.com will keep you informed of your order status via e-mail. All tracking information will be emailed to your pcmedicplus.com ID once your order has shipped (except when an APO/FPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on our Web site.

Security

Security is our number one priority. All on-line transactions are sent through PayPal. Once we receive your information through the internet, only PayPal will process the payment to make sure your information is handled with the utmost level of security.

Privacy

pcmedicplus.com respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our Web site will be used for processing purposes only. The only e-mails you will receive from pcmedicplus.com are updates to any recent orders and/or returns.

Change Orders

You may request a change to your order provided the order has not already been charged to your account. Please call 1-639-2292 during pcmedicplus.com ‘s hours of operation to request a change to your order. Please have your sales order (SO) or customer number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.

Cancel Orders

You may request that an order be cancelled provided the order has not already been processed and shipped. Simply call 1-440-639-2292 during pcmedicplus.com’s hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.

Resellers

Unfortunately, we do not currently have a reseller or discount program available at this time. pcmedicplus.com currently already negotiates the best possible price for you, and offers these great discounts to all of our customers through our Web site. Anytime we receive any specials or promotions, we will immediately post them on our Web site for you to take advantage.

Volume Discounts

pcmedicplus.com does not have a reseller or discount program available at this time. We work hard to negotiate the best values on the Internet and offer these tremendous values to all of our customers via our Web site. All of our inventory shown online is live, posted in real-time and accessible 24/7/365. We also do our best to advertise any specials, promotions or rebates for our customers’ benefit.

Product Listings

pcmedicplus.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, pcmedicplus.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Web sites from pcmedicplus.com are provided as resources to customers looking for additional information and/or professional opinion. pcmedicplus.com does not assume responsibility for the claims and/or representations made on these or any other Web sites.

Product Revisions

pcmedicplus.com is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, pcmedicplus.com puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. pcmedicplus.com relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, pcmedicplus.com will not be held responsible for product revision changes.

Product Reviews

pcmedicplus.com reads all reviews before posting them and reserves the right to deny any review.

Here are some of the things that can cause a review to be denied:

• • Offensive or abusive language.
  • Prices and availability can change very quickly on the pcmedicplus.com Web site, so please leave such information out of your review.
  • Hyperlinks/URLs.
  • References to other stores/resellers.
  • Comments on products that were either physically damaged or misused.
  • Replies to existing customer reviews; please do not attempt to initiate discussions here.
  • Comparisons to competing brands/products of competing brands.
  • Criticism of pcmedicplus.com’s service or the service of our operations partners. (FedEx, UPS, PayPal, etc.)
  • References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation (overclocking, hacked drivers, tweaking/modding, etc.)
  • Illegal content
  • Invasions of personal privacy
  • Pornography or obscenity
  • Hate or incitement of violence, threats of harm or safety of a person
  • Graphic violence or other acts resulting in serious injury or death
  • Any violations of copyright. Please see our DMCA policy for more information
  • Any violation of laws and/or copyrighted musical works
  • We may change these policies at any time without notice

  Purchase Agreement

  By accepting delivery of any product ordered from pcmedicplus.com (“PC Medic Plus LLC.”), you (“Customer”) agree to be bound by the terms and conditions listed below. You and PC Medic Plus LLC. agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and PC Medic Plus LLC. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from PC Medic Plus LLC.

  Warranties; All Product Sold “AS-IS” or “With All Faults”

  PCMEDICPLUS.COM IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY PCMEDICPLUS.COM ARE NOT MANUFACTURED BY PCMEDICPLUS.COM. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). PCMEDICPLUS.COM ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. PCMEDICPLUS.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. PCMEDICPLUS.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

  ALL ITEMS SOLD THROUGH PCMEDICPLUS.COM ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR PCMEDICPLUS.COM , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

  Limitation of Liability

  IN ALL CIRCUMSTANCES PCMEDICPLUS.COM ‘S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. PCMEDICPLUS.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. PCMEDICPLUS.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT PCMEDICPLUS.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

  Cell Phone Equipment Discount Reimbursement for Early Termination

  CUSTOMER MUST REIMBURSE PCMEDICPLUS.COM THE AMOUNT OF ANY DISCOUNT GIVEN BY PCMEDICPLUS.COM IN THE PRICE OF A WIRELESS COMMUNICATION DEVICE, SUCH AS A CELL PHONE, WHERE THE DISCOUNT WAS GIVEN BECAUSE CUSTOMER PURCHASED A WIRELESS COMMUNCATION SERVICE PLAN AS PART OF THE SAME ORDER, IF CUSTOMER DOES NOT MAINTAIN THE WIRELESS COMMUNICATION SERVICE PLAN PURCHASED AS PART OF THE ORDER IN GOOD STANDING FOR A MINIMUM OF 181 DAYS AFTER ACTIVATION. The wireless communication service plan will be considered not to be in good standing if:

  • You fail to pay the balance due by the payment due date in any month.
  • You cancel the service.
  • You change the service plan to a different service plan with a lower monthly service rate.
  • You transfer the equipment to another service plan.
  • You transfer any phone number associated with the service plan to another service plan.
  • You use the service plan purchased as part of the same order to replace an existing service plan you have with the same company.
  • Customer authorizes PC Medic Plus LLC..com to initiate a charge to the credit card or other payment method was used to purchase the Equipment in the amount of $250.00, the Equipment Discount, if it is due.

  Recordings

  PC Medic Plus LLC. does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with PC Medic Plus LLC. unless Customer has provided clear and conspicuous notice to PC Medic Plus LLC. and has received prior written consent from PC Medic Plus LLC..

  General Terms and Conditions

  Orders

  An order is not binding upon pcmedicplus.com until it is accepted; pcmedicplus.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with pcmedicplus.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

  Shipping Charges

  Your total cost for purchase of any product will include the shipping and handling charges shown on your PC Medic Plus LLC. invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to PC Medic Plus LLC..

  Risk of Loss

  pcmedicplus.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to the Customer upon delivery to the carrier. pcmedicplus.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow pcmedicplus.com to sign appropriate documents on Customer’s behalf to permit pcmedicplus.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken pcmedicplus.com will advise Customer of estimated shipping dates, but pcmedicplus.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

  Governing Law and Jurisdiction

  Any dispute arising out of or related to these Terms and Conditions or the sales transactions between pcmedicplus.com and Customer shall be governed by the laws of the State of Ohio, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and PC Medic Plus LLC. agree that any dispute or controversy arising out of, in relation to, or in connection with this agreement or Customer’s use of the PC Medic Plus LLC. Website shall be finally settled by binding arbitration in Painesville, Ohio by one (1) arbitrator appointed in accordance with such rules. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SALES TRANSACTIONS BETWEEN PCMEDICPLUS.COM AND CUSTOMER, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND PCMEDICPLUS.COM AND CUSTOMER EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS.

  Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against pcmedicplus.com that is more than one year after the date of the applicable invoice.

  Severability

  If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

  Waiver

  The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

  Entire Agreement

  These terms and conditions, together with pcmedicplus.com’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between pcmedicplus.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between pcmedicplus.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.