For the Internet Domain known as "http://www.american-computer.com" - a World Wide Web site accessible on the Internet, herein referred to as "this world wide web site".  Anyone other than American Computer Company are referred to as "third parties" or "a third party" herein.

1. American Computer Company reserves the right to either enable or restrict access to "http://www.american-computer.com" within and under the applicable laws of the United States and the State of New Jersey, and maintains a full claim of ownership and clear title to all information contained in the electronic storage of "http://www.american-computer.com" displayed by the World Wide Web Server on which the domain "http://www.american-computer.com" resides.
2. All Products and Descriptions provided on this web site are transmitted on an "as is" basis.  Products and Descriptions provided are subject to change without notice. American Computer Company is not responsible for any topographical errors or any errors due to transmission, or problems therewith.
3. All parts of this world wide web site including its HTML coding, programs, services, products, product names, trademarks, use marks, ideas, styles, graphics, images, language, information, and all other kinds of content are the sole property of American Computer Company.
4. Notwithstanding the foregoing, the content of and body of this world wide web site and domain may be freely displayed electronically by any third party across the Internet and interconnected computer systems, so long as the original contents of it are not materially altered or materially modified in any way, using a so-called "web browser" such as Netscape Navigator, Microsoft Internet Explorer and similar or related browser programs and so long as the contents are not incorporated into the commercial presentations, preparations, sales or offerings of any third party without the express written permission of American Computer Company, AND SPECIFICALLY so long as the content and body of this world wide web site and domain are used for the purposes of the sale of and/or the promotion of American Computer Company, its products and its services.
5. The trademarks herein, including but not limited to Eagle, Panther, Jaguar, Alexandar, Office Pro, Anaconda, Apollo, Wind Surfer, Wind Soarer, Empire, Q, Eagle Server, Panther Server, Jaguar Server, Apollo Professional, Apollo Q, NetworkSol and other trademarks not identified as belonging to a third party within this world wide web site are the property of American Computer Company and may not be used without the express written permission of American Computer Company. All trademarks are the property of their respective owners.
6. AMERICAN COMPUTER COMPANY, of Cranford, New Jersey, a Delaware Corporation authorized to do business in the State of New Jersey, and its website "http://www.american-computer.com" also known as "http://www.compamerica.com", "http://www.accpc.com" and "http://byamerican.com",
7. American Computer Company IS NOT RELATED to the company (nor has it ever been) which is known as "Comp America, Inc. of Tustin, California" - aka "http://www.CompamericaPc.com', nor are we related to any other "American Computer"  prefixed business similarly named.
8. If you need assistance determining if you are purchasing an AUTHORIZED American Computer Company product: please call our Sales Office at 908-272-3330 for help.

 

FULL COPYRIGHT INFORMATION

[COPYRIGHT PROVISIONS effective with respect to all transactions after October 5, 1970.]

The copyright in all material provided on this site is held by American Computer Company ("ACC") or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ACC or the copyright owner.

Permission is not granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials, except as excluded by an express written authorization granting same: no parts of the Commercial or Publications/Educational or Entertainment parts of this website may be reproduced in any manner, and no content from this website may be reproduced in any manner including internet content, email and other information stored on our server.

You also may not, without ACC's permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions.

Upon termination, you will immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No warranty, express or implied, as to accuracy, content correctness, nor typographical errors as may occur, is herein implied or expressed, and ACC disclaims responsibility for any and all parts of the Educational Publications section of this website.

U.S. Government Restricted Sites

The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of ACC's proprietary rights in them.

Notice: Acceptance of Terms of Use Use of this Site is subject to certain Terms of Use which constitute a legal agreement between you and American Computer Company. By using this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use.

Please review the Terms of Use; and if you do not agree to the terms, do not use this Site.

Terms and Conditions of Sale and Use of this Site

[Terms and Conditions of Sale effective as of Oct. 6, 1998]

USE RESTRICTIONS

The following terms and conditions govern the sale by the American Computer Company entity named on the invoice ("ACC") that will be provided to Customer on orders for computer systems and/or related products sold in the United States. By accepting delivery of the computer systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions.

THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH ACC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER ACC STANDARD TERMS APPLY TO THE TRANSACTION.

These terms and conditions are subject to change without prior written notice at any time, in ACC's sole discretion.

1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and ACC.

2. Governing Law. THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY. Venue and jurisdiction for all disputes will lie in Union County, New Jersey.

3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within ACC's sole discretion, and, unless otherwise agreed to by ACC, payment must be received by ACC prior to ACC's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by ACC. If credit terms have been agreed to by ACC, invoices are due and payable within twenty (20) days after the date of the invoice. ACC may invoice parts of an order separately. Orders are not binding upon ACC until accepted by ACC. Any quotations given by ACC will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on ACC's invoice(s). Unless Customer provides ACC with a valid and correct tax exemption certificate applicable to the product ship-to location prior to ACC's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for ACC's franchise taxes and taxes on ACC's net income. If applicable, a separate charge for taxes will be shown on ACC's invoice.

5. Title. Title to products passes from ACC to Customer on shipment from ACC's facility. Title to software will remain with the applicable licensor(s).

6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO ACC-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. ACC MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN ACC'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND ACC WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON ACC'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. ACC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACC'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND OR REPLACEMENT AS SET FORTH IN ACC'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.

ACC reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. ACC does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

7. Return Policies. ACC systems that are purchased directly from ACC by an end-user Customer may be returned by Customer in accordance with ACC's "Total Satisfaction Return Policy" in effect on the date of the invoice. Reconditioned parts that are purchased directly from ACC may be returned by Customer during the 10 day period following the date of shipment by ACC for a credit or for a refund of the purchase price if already paid; for new parts, the return period is 21 days.

8. Exchanges. From time to time, ACC may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with ACC's exchange policies in effect on the date of the exchange.

9. Products. ACC's policy is one of on-going product update and revision. ACC may revise and discontinue products at any time. ACC will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building ACC products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.

10. ACC Software-Hardware, Etc. Products. ACC Software-Hardware, Etc. products carry different return and warranty policies than ACC products. ACC Software-Hardware, Etc. products may be returned to ACC Software-Hardware, Etc. in accordance with the ACC Software-Hardware, Etc. program's return policy in effect on the date of invoice. Any warranty and technical support provided on a ACC Software-Hardware, Etc. product is provided by the original manufacturer, not by ACC Software-Hardware, Etc. . The warranties and technical support may vary from product to product.

11. Limitation of Liability. ACC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. ACC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

12. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. ACC has separate terms and conditions governing resale.

13. Service and Support. ACC endeavors to provide the best customer and technical telephone support in the personal computer industry. For end-user Customers, ACC promises that its support people will attempt to handle over the telephone any problem involving ACC products. However, ACC's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. ACC has no obligation to provide service or support until ACC has received full payment for the product or service/support contract for which service or support is requested. ACC will make on-site service available to Customer in the United States in accordance with the then-current terms and conditions set by ACC and/or the third-party service provider.

14. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.