Terms And Conditions

Additional Terms of Use and Sale

PLEASE READ FOLLOWING TERMS CAREFULLY BEFORE MAKING ANY PURCHASE THROUGH THE SITE OR WHICH IS OTHERWISE SUBJECT TO THESE TERMS OF USE AND SALE. Set forth hereafter are certain additional terms and conditions that apply to any purchase made by you (including your employer and/or any of its affiliates, or any other entity or person on whose behalf you are acting, “you” or “Customer”) from us using the Site or otherwise subject to these Terms of Use and Sale. By using the Site, placing an order and/or submitting a purchase order to us that is subject to these Terms of Use and Sale you agree to be bound by these Terms of Use and Sale, to the fullest extent permissible under applicable law. If you and an authorized representative of ours have each signed and delivered a separate master purchase agreement, purchase order or statement of work, then such separate master agreement, purchase order or statement of work shall govern, to the extent of any conflict between its terms and those of these Terms of Use and Sale, otherwise, these terms shall govern including for any orders made by telephone through your Account Executive.

Order Acceptance Policy. Orders are not binding on us until accepted by in accordance with these Terms of Use and Sale, including without limit terms applicable to errors and our cancelation rights related thereto, and we reserve the right to accept or decline any order for any reason, and/or to supply less than the quantity ordered of any item without prior notice. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor, to the fullest extent permissible under applicable law, does it constitute confirmation of our offer to sell. Until delivery of goods or performance of services we reserve the right to reject or cancel any order (or any portion thereof to the extent goods remain undelivered or services remain unperformed), for any reason or no reason. We are a reseller to end user customers and do not accept orders from computer dealers, exporters, wholesalers, or others who intend to resell the goods offered by us unless specifically agreed to in a writing signed and delivered to you by an authorized officer of My People Platform Inc. Customer hereby represents and warrants that it is not purchasing goods for export and/or resale unless pursuant to a separate written Agreement executed and delivered by an authorized officer of My People Platform Inc. In the event of any export, Customer agrees to comply with all applicable laws and regulations, including but not limited to U.S. Commerce Department regulations and State Department restrictions governing export from the United States and, to the fullest extent permissible under applicable law, shall indemnify, defend and hold us harmless from any third party claim arising out of or related to any such export transaction.

Purchase Price and Payment. Prices, specifications and availability of goods and services are subject to change without notice. Customer will pay the price established by us for all goods ordered by Customer or using Customer’s account. Full payment shall be made before delivery of the goods, unless otherwise agreed in writing by us. In addition to the purchase price and any shipping costs, Customer will pay all applicable taxes, including but not limited to sales, use, value added, gross receipts, privilege, excise and personal property taxes as well as other similar taxes and/or charges, levied on or measured by the purchase price or sale of goods or arising from, furnished, or in connection with the use of the goods and any parts or maintenance supplied or the services rendered. Prices do not, unless otherwise specified, include supplies. To the fullest extent permissible under applicable law, You agree to pay interest on all past-due sums at the lesser of 1.5% per month or the highest rate allowed by applicable law.

Title and Risk of Loss. Title and risk of loss to all items purchased subject to these Terms of Use and Sale passes from us to you at the time of delivery by us to the shipping carrier, provided, however, title to software and other licensed items will remain with the applicable licensor(s). Customer shall have full liability for the safety and validity of delivery address given to us at the time of purchase, to the fullest extent permissible under applicable law. We will not incur any forwarding costs on shipments.

Shipping Options and Policies AT MY PEOPLE PLATFORM INC, WE STRIVE TO SHIP YOUR ORDER AS QUICKLY AS POSSIBLE. HOWEVER, BECAUSE OF INVENTORY, SHIPPING, AND MATTERS OUTSIDE OF OUR CONTROL, OUR STATEMENTS AS TO USUAL SHIPPING TIMES ARE NOT GUARANTEES OR PROMISES THAT A PRODUCT WILL SHIP ON A SPECIFIC DAY. IF YOU WISH TO FIND OUT THE EXPECTED DATE OF SHIPMENT ON A PARTICULAR ITEM OR ORDER, PLEASE CALL US AT 888-338-9898 FOR MORE INFORMATION. AT A MINIMUM, WE EXPECT THAT ALL IN STOCK ORDERS WILL BE SHIPPED IN 30 DAYS.

Please review our shipping options and policies, and plan your purchases accordingly. Due to special package requirements we may not be able to ship products to certain areas or be constrained on our shipping options. For more details or special shipping requirements, please call your Account Executive at 888-338-9898.

Shipping, packaging, handling and Insurance. You agree to pay all shipping, packaging, handling and related insurance costs and fees, which may include a profit. In the event that Customer returns goods permitted under these Terms of Use and Sale, Customer shall insure, at Customer’s expense, all goods shipped in an amount at least equal to the unpaid purchase price of the goods. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CUSTOMER ASSUMES ALL RISK OF LOSS IN CONNECTION WITH THE SHIPMENT OF RETURNED GOODS.

Rerouting. After shipment, packages cannot be rerouted or placed on hold for pick through carrier hub.

Purchase Money Security Interest. To the fullest extent permissible under applicable law, You hereby grant to us a purchase money security interest in all goods purchased hereunder, and in any proceeds thereof, to secure the unpaid purchase price of such goods, if any. Upon request by us you agree to sign any document required to perfect such security interest. Payment in full of an invoice for the total of the purchase price as shown on the invoice shall release the security interest on the invoiced goods.

Software Licenses. All software is provided subject to any manufacturer’s license agreement(s) and/or end user agreement(s) that are provided with it. To the fullest extent permissible under applicable law, Customer will be bound by all such licenses and/or end user agreements.

Delays in Performance. Any delivery times provided by us are estimates only. We shall not be liable for delivery delays, nor shall we be liable for any delay in performance due to unforeseen circumstances or to causes beyond our reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or inability of suppliers to deliver.

Alteration or Attachment to Goods. Any alteration, modification, addition, improvement or attachment to the goods (“Alteration”) not authorized in writing by us shall be solely at your expense and risk. In the event of any such unauthorized Alterations any warranty under these Terms of Use and Sale, including without limitation any warranty of merchantability or fitness of use that may be implied despite our express disclaimer of any such warranty, shall be deemed waived by you and shall be null and void, and we shall have no obligation to you under any such warranty, nor will you be entitled to return altered goods at any time, to the greatest extent permissible under applicable law.

Deposits. Without limiting any rights or remedies available to us, and to the greatest extent permissible under applicable law, in the event that we accept a deposit from you for goods ordered: (a) if you fail to meet any schedule of payments listed on the invoice, or to complete the purchase for any reason other than for cancellation of goods not delivered, in addition to any other rights at law or in equity, we will have the right to, within one hundred and twenty (120) days of the deposit date, retain all cash, checks and credit card deposits as partial damages; and (b) if Customer chooses to pick up ordered goods rather than ship them, and if Customer fails to pick up ordered goods within two (2) weeks of the posting of the arrival notice from us, you agree to forfeit all cash, check or credit card deposits for the goods.

Maintenance. We agree to provide maintenance and/or service (“Maintenance”) to Customer as described on an applicable invoice accompanying goods shipped to Customer or in a separate agreement for Maintenance. All Maintenance will be at our service department or at another location chosen by us unless otherwise agreed between us and you under a separate agreement for Maintenance. All Maintenance, except that performed under manufacturer’s warranty, will be performed at our standard rates in effect at the time the Maintenance is performed. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, WARRANTY OR SUPPORT SERVICES TO ANY CUSTOMER UNLESS AND UNTIL WE HAVE RECEIVED FULL PAYMENT FOR ANY GOODS PURCHASED.

DISCLAIMER OF WARRANTIES FOR GOODS AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL GOODS AND SERVICES SOLD UNDER THESE TERMS OF USE AND SALE ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT THOSE EXPRESSLY CONFERRED BY THE MANUFACTURER. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY FOR GOODS AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, REPRESENTATIVES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, HOWEVER CAUSED, ARISING FROM THE USE OF ANY GOODS OR SERVICES, EVEN IF ANY SUCH PARTYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY TO THE EXTENT SUCH STATE’S LAW IS APPLICABLE TO THIS AGREEMENT. NEW JERSEY LAW HOLDS THAT LIMITATIONS OF LIABILITY ARE ENFORCEABLE SO LONG AS THE LIMITATION IN QUESTION DOES NOT VIOLATE PUBLIC POLICY AND THAT EXCLUSIONS OF DAMAGES ARE ALLOWED SO LONG AS THEY ARE NOT UNCONSCIONABLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CUSTOMER AGREES THAT CUSTOMER’S SOLE REMEDY SHALL BE TO RETURN GOODS IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF USE AND SALE AND, IF APPLICABLE, TO OBTAIN A REFUND OF THE AMOUNT OF THE PURCHASE PRICE PAID BY CUSTOMER TO US, LESS ALL SUMS, IF ANY, CUSTOMER OWES US.

MANDATORY ARBITRATION. To the fullest extent permissible under applicable law, any claims against us relating in any way to your use of the Site or the Site Services or any purchases made by you through the Site or subject to these Terms of Use and Sale shall be submitted to final confidential and binding arbitration in Georgetown, Delaware, except that (a) you may take claims to small claims court, if they qualify for hearing by such court, and (b) if you fail to timely pay amounts due, we may assign your account for collection and the collection agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permissible under applicable law or these Terms of Use and Sale. Arbitration under these Terms of Use and Sale shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. THE RULES GOVERNING ARBITRATION ARE DIFFERENT THAN THOSE IN COURT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AS A COURT. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION RULES OR AS OTHERWISE REQURIED UNDER APPLICABLE LAW, YOU UNDERSTAND THAT BY INITIATING THIS ARBITRATION PARAGRAPH YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT OR ADMINISTRATIVE PROCEEDING, EITHER WITH OR WITHOUT A JURY, AS A MEANS BY WHICH TO SETTLE YOUR DISPUTE. In the event that this arbitration provision is unenforceable, and, to the fullest extent permissible under applicable law, any litigation regarding the Site or the Site Services, your use of the Site or the Site Services or any purchases made by you through the Site or subject to the Terms of Use and Sale shall be brought in the state or federal courts located in Georgetown, Delaware and you hereby agree and submit to such jurisdiction and venue as exclusive and proper.

For all disputes, you must first send a written description of your claim to our Customer Service department. You can contact our Customer Service department by email support@ourcomputer.net. We each agree to negotiate in good faith to settle your claim or dispute. If we do not reach agreement within 30 days, you may pursue your claim in arbitration, or in small claims court as described above.

CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND WE ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. This class action waiver applies if you bring your claim in arbitration and if you bring your claim in small claims court.

Right of Offset. At any time that an amount is due to us, we shall have the right, without prior notice, to set off and apply any amounts otherwise owed by us to purchaser, to any amounts owed to us by purchaser, in all cases, to the fullest extent permissible under applicable law.

Governing Law and Documentation. Transactions between you and us, and any disputes arising between us related to any interaction between us resulting or connected to your use of the Site or the Site Services or any purchases by you made through the Site or subject to these Terms of Use and Sale, including but not limited to claims relating to the content of any of our catalogs or the Site, shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the laws regarding conflicts of law, to the fullest extent permissible under applicable law. If any provision of these Terms of Use and Sale shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and Sale and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and Sale, together with any the policies printed in any of our catalogs or on the Site, as applicable, and any policies, terms or conditions stated on any applicable of our invoices or packing slips, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties and no conflicting purchase order or other document not executed and delivered by an authorized officer of My People Platform Inc shall be deemed to have been accepted by us or to apply to any such matters or transactions.

Jurisdictional Issues. To the fullest extent permissible under applicable law, We do not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. To the fullest extent permissible under applicable law, We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.

Miscellaneous. These Terms of Use and Sale do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. If any provision of these Terms of Use and Sale is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and Sale and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under these Terms of Use and Sale without our prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to these Terms of Use and Sale or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and Sale and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and Sale to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Returns Policy. We pride ourselves on a tradition of outstanding customer care and support. Our devoted team of account representatives understands that our customers are the hallmark of our enduring partnerships. It is important for our customers to understand the standards that have been established within our industry regarding the terms and conditions of a sale. The purchase of technology products and solutions are subject to manufacturer restrictions which may be different from other product purchases you transact. Most of the products and solutions we sell are subject to a manufacturer’s warranty. The warranty provided by the manufacturer is the first place to look for assistance with difficulties that may accompany your purchase. To obtain information regarding manufacturer’s warranties, please refer to the website below, contact us at the following e-mail address support@ourcomputer.net. or call us at 888-338-9898

We encourage you to request information from any of our account executives about extending the service period on any of the products or solutions that you purchase.

Most manufacturers offer a one year warranty on new equipment. During the warranty period, you may call the manufacturer, but not all, to receive warranty service. The manufacturer will attempt to solve your problem via phone. If a situation extends beyond the manufacturer’s service centers ability to resolve, please contact your representative for further guidance.

Non-Returnable Items. No returns or refunds will be made for items that are special orders for you or for unusual custom configurations of systems or open box product. There are also several manufacturers’ policies and restrictions that disallow product returns and are, therefore, not returnable to us. In such cases, You will need to contact the manufacturer directly regarding return or replacement of these brands under their respective guarantees and/or warranties.

Items with a money back guarantee from the manufacturer. Some items offer a Money Back Guarantee from the manufacturer (a “MBG”). In those instances, We will not accept product returns. You will need to contact the manufacturer directly regarding return of the product and policies regarding such return.

Damaged Shipments. If your shipment arrives damaged the Shipment must be refused if you notice any visible damage or tampering on the box. Should the shipment be accepted, you must note the damage on the carrier’s delivery record in accordance with the carrier’s policy, save the merchandise in the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and pick up of damaged merchandise. Concealed damage on a shipment must be reported within 7 days. If you do not notify us of damaged goods within the first 7 days of arrival, to the fullest extent permissible under applicable law, the regular return policy will override any claim of damage, and your purchase(s) will fall under all current manufacturer restrictions.

Non-Defective Product Return. Customers may return most non-defective items (subject to manufacturer’s return policy) to us within 30 days of invoice, either for credit or exchange. An automatic 15% restocking fee or, if lower, the greatest amount permissible under applicable law applies to all such returns. All shipping, packaging, handling and related charges are not refundable.

Order Discrepancies. Any order discrepancies, i.e., missing items/components; mis-shipments; short-shipments, must be reported either to your Account Executive or to the Customer Service Department within 5 days of receipt of the shipment.

How to Return Products.

Obtaining an RA Number: Please contact either your account executive or the Customer Service Department by phone at 888-338-9898 within 30 days of purchase for a Return Authorization (RA) number before returning your product to us. If the request meets the return criteria, the Returns Department will issue the RA# and send you the instructions on how to proceed. No returns of any type will be accepted without a RA number. For faster service, please have the following information on hand when calling for an RA number: customer name, order number, item number and serial number and the reason for the return. Upon receipt of a RA, customers are given 15 days to return the product.

Original shipping, handling, packaging and related charges are not refundable. Shipping charges on returned products are the responsibility of the customer. We will match the shipping method and pay for shipping charges to you for replacement or exchange products. We strongly recommend you use a traceable carrier and fully insure your return shipment in case of loss or damage.

Additional Terms Associated With Orders on Account

All invoices for orders on account are to be paid within 30 days from the date of invoice, or such lesser period as may be determined by us as set forth in an applicable invoice. All payments must be made in U.S. Dollars for all purchases, late fees, return check charges, and other charges or fees under these Terms of Use and Sale incurred by you or any User, plus collection costs, court costs and reasonable attorney fees. All disputes must be received by written notice within seven business days of receipt of invoice and prior to payment.

At any time that an amount is due us under an order on account, we shall have the right, without prior notice, to the fullest extent permissible under applicable law, to set off and apply any amounts otherwise owed by us to you, to any amounts owed to us by you, in all cases. Furthermore, we have the right to cancel or rescind your account, as it relates to future purchases, at any time, without default, to the fullest extent permissible under by applicable law. You will remain obligated to pay for all purchases made prior to cancellation and any charges associated with these purchases.

Privacy

You understand that your cellular number and e-mail will be used by us for the purposes described herein, and also as provided for in our privacy policy located at http://people-trade.com/privacy-policy/.

Release; Limitation of Liability

You agree to release and hold harmless My People Platform Inc and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the Service, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.

In no event shall My People Platform Inc be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the Service, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorneys’ fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the Service, or your use thereof, regardless of the theory of recovery, is $10.00.

Contact Us

If you have questions regarding these Mobile Terms, you may reach us by email at support@ourcomputer.net.