Ace by PCMR Terms of Use

Last Updated: May 24, 2021

 

By using our Services (defined below), you are agreeing to these terms (“Agreement”). Please read them carefully.

 

By registering for, using or receiving any of the Company’s Services, you:

  • represent that you are 13 years of age or older;

  • represent that you have the legal capacity and authority to bind yourself and/or the person or entity for whom you are entering into this Agreement;

  • represent that you read and understand English and have read and understand this Agreement;

  • represent, warrant and covenant that the information and data that you have provided or will provide to PCMR is or will be correct and complete in all respects, and that you have the right to provide such information and data to PCMR;

  • acknowledge that PCMR has and will rely upon the information and data that you provide and that any incorrect or incomplete information that you provide to PCMR may result in PCMR withholding, suspending or terminating this Agreement; and

  • agree to be bound by this Agreement, as it may be updated by PCMR from time to time in its sole discretion. If you do not agree to the terms of this Agreement or cannot make any of the foregoing representations, you are not permitted to use or receive any services from PCMR.

 

This Agreement sets forth the terms and conditions upon which PCMR agrees to provide the Services to you and the terms and conditions which you agree to use or receive the Services. You acknowledge and agree that (a) this Agreement (including, without limitation, any of the fees set forth in this Agreement) may be amended by PCMR from time to time in its sole discretion with or without notice to you by amending the then current version of this Agreement, and (b) you will be bound by any such amendments immediately upon posting. You should therefore visit this page from time to time to read the current version of this Agreement.

 

You acknowledge that portions of the Services may be subject to third party licenses, which may further affect your rights in the Services.

 

Right to Access and Modify your Computer Systems and Peripherals

 

You hereby (a) give PCMR, through one or more of its employees, agents or affiliates or through any third party service provider, the right to remotely access your computer systems, computers, software, network devices, servers, phones, tablets, mobile devices, routers, smart-home devices (e.g., security systems, smart lights, TVs, etc.) peripherals and/or any other hardware, systems or devices included in your home network (collectively ‘Computer Systems and Devices’) covered by the Services; (b) grant to PCMR, through one or more of its employees, agents or affiliates or through any third party service provider, necessary and reasonable access to your Computer Systems and Devices covered by the Services on your premises; (c) give PCMR, through one or more of its employees, agents or affiliates or through any third party service provider, the right to open, view, modify, edit, delete or otherwise manipulate your computer software, applications, data, and data storage media including, without limitation, the computer operating system, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on your Computer Systems and Devices covered by the Services; and (d) give PCMR, through one or more of its employees, agents or affiliates or through any third party service provider, the right to download and/or install software or other products on your Computer Systems and Devices covered by the Services, including without limitation, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware which PCMR may elect install.

 

Services Defined

 

For purposes of this Agreement, the term ‘Services’ means any services and software you may receive from PCMR from time to time, including, without limitation, those Services identified on documentation (including, without limitation, documentation provided via email) provided by PCMR from time to time in connection with such purchase and/or set forth in greater detail on PCMR’s website at https://pcmrcomputers.com/ace. You hereby acknowledge and agree that the Services provided to you by PCMR will only cover the users and Computer Systems and Devices specifically registered with or otherwise authorized by PCMR for use in connection with the Services and that PCMR may discontinue any of the Services from time to time in its sole discretion.

 

You must follow any policies made available to you within the Services.

 

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services use some content that is not PCMR's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

 

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Privacy and Copyright Protection

 

PCMR's privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that PCMR can use such data in accordance with our privacy policies. 

 

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

 

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and PCMR's policy about responding to notices by calling us at (660) 864-0039.

Confidentiality

 

“Confidential Information” refers to any data or information relating to the client, whether it is business or personal, which is to be considered private or proprietary to the client and that is not generally known and where the release of that “Confidential Information” could reasonably be expected to cause harm to the client.

 

PCMR agrees not to disclose, divulge, reveal, report, or use, for any purpose, any Confidential Information which PCMR has obtained, except as authorized by the Client or as required by law. The obligation of confidentiality will apply during this agreement and will survive indefinitely upon termination of this agreement.

About Software in our Services

 

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

 

PCMR gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by PCMR as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PCMR, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Your Responsibilities

In addition to your other obligations under this Agreement, you:

  • agree to keep your personal or billing information up to date and accurate and promptly notify PCMR of any changes;

  • are solely responsible for all acts, omissions, and use under, and charges incurred with, all of your accounts with PCMR (including secondary accounts or sub-accounts registered to one or more of your primary accounts), including, without limitation, all acts, omissions and use by persons other than you, with or without your permission;

  • acknowledge that you may be required to install certain software on your Computer Systems and Devices covered by the Services to assist PCMR in providing the Services, that you may install and use the software in executable form only, and that PCMR has the right to terminate this Agreement and the Services if you do not install all of the required software on your Computer Systems and Devices covered by the Services (as applicable and as directed by PCMR) or alter, modify or disable any of the required software or its settings or configurations;

  • shall not resell the Services, use them for high volume purposes, use them as a virtual support center, as determined solely by PCMR, or engage in similar activities;

  • shall only use the Services for the users and Computer Systems and Devices specifically registered with or otherwise authorized by PCMR for use in connection with the Services;

  • acknowledge that, depending on the type of Services purchased, Services provided for each additional user and/or Computer System and Device may incur separate and additional fees as identified no documentation (including, without limitation, documentation provided via email) provided by PCMR from time to time.

  • shall at all times comply with PCMR’s minimum system and hardware requirements, which PCMR may change from time to time, and you acknowledge that PCMR has the right to terminate this Agreement and the Services if you do not comply with PCMR’s minimum system and hardware requirements or are abusive, mistreat PCMR agents and/or have commercially unreasonable/excessive requests for support; and

  • Agree that, in connection with your use of the Services and other activities related to this Agreement, you will (i) comply with all applicable local, state, national and international laws and regulations, (ii) not infringe the intellectual property or other rights of third parties, and (iii) not submit or otherwise transmit any material that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate, or that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.

 

Availability of Services

  1. General Availability. You acknowledge that the Services may not be available at all times and may not be available in the format generally marketed, and some Computer Systems and Devices may not be able to receive that Services even if initial testing shows that your connection was qualified or your computer environment was suitable. In order for you to receive the Services, which will be provided remotely, PCMR will qualify your internet connection for the minimum line rate (speed) available for support based on the Company’s standard line qualification procedures. You acknowledge that the Services require high-speed internet access and that it is your responsibility to ensure that you have adequate connectivity to the internet.

  2. Restrictions and Suspensions. You acknowledge and agree that the Company, its Third Party Providers and/or its licensors or other third parties may, at any time, without notice or liability, take actions which restrict the use of the Services or other Licensed IP or limit the time of availability of the Services or other Licensed IP (a) if your use of the Services puts an excessive burden on the Services or PCMR’s network (as determined by PCMR in its sole discretion); (b) in order to perform maintenance activities, make modifications to the Services or other Licensed IP, and to maintain session control; or (c) in the event of a denial of service attack or other attack on the Services or other Licensed or other event that the Company determines, in its sole discretion, may create a risk to the Services or other Licensed IP, to you, to any of our customers, or to others.

  3. Scheduling. For all Services that require scheduling a session with PCMR, PCMR will use commercially reasonable efforts to schedule a mutually convenient Service session within a reasonable period of time. However, you acknowledge that circumstances outside of PCMR’s control (for example, a large scale outbreak of a new computer virus), scheduling conflicts and/or other unforeseen circumstances may cause significant delays in PCMR’s ability to schedule a Service session and/or to otherwise attend a scheduled Service session. In the even that such circumstances cause PCMR to miss a scheduled Service Session, PCMR will use commercially reasonable efforts to re-schedule a mutually convenient Service session within a reasonable period of time.

 

Fees for Services

Plans and Fees. You agree to pay the fees for the Services identified by PCMR, including without limitation on documentation (including documentation provided via email) provided by PCMR from time to time in connection with your purchase thereof and/or as set forth on PCMR’s website, which fees are subject to change by PCMR at any time in its sole discretion. You are responsible for all charges related to accessing the applicable Services, including all telephone and internet access charges.

 

Without in any way limiting the foregoing, you also agree to pay the following fees for on-site support Services (f applicable):

  • On-Site Support. PCMR offers on-site support Services for PCMR member plans and on an ad-hoc basis. Pricing for on-site support Services covers only the on-site Services based on the required scope of work as determined by PCMR in its discretion. You agree to pay for the on-site support Services in addition to your subscription plan. You acknowledge and agree to pay any additional charges for any hardware or software that may be required. You agree to pay PCMR directly and not to provide compensation of any kind, including tips, to any service provider who provides that on-site support Services. You will be required to pay a cancellation fee for any appointment for on-site support Services that you cancel.

  • Rescheduling Fee. Rescheduling a confirmed appointment for on-site support Services less than two (2) hours prior to such appointment will be subject to a rescheduling fee, which will be charged to you.

  • Cancellation Fee. If you cancel on-site support Services within 24 hours before you scheduled appointment, you may be required to pay a cancellation fee of up to 50% of the applicable work order for such on-site support Services which will be charged to you. The list of fees for the Services set forth above is not exhaustive, and PCMR may modify it at any time. PCMR reserves the right to charge an additional fee to perform Services that you request that are not covered by the fees above or the fees initials identified by

 

Payment

Payment Method. You authorize PCMR to permit its third party credit payment processing vendor to process all amount owed to PCMR under this Agreement. You will at all times maintain valid and current credit card information. If you terminate your credit card or elect to pay for the Services with a different credit card, or if you receive a new account number for your credit card, you shall immediately notify PCMR of such termination or change. If for any reason fees owed cannot be billed to your credit card for any amount owed under this Agreement, you authorize PCMR to bill you directly for such amount, which amount, together for any late fees, chargeback (defined below) or other fees set forth in this Agreement, shall be immediately due and payable.

 

Payment Obligations. You agree to pay all amount owed to PCMR under this Agreement, as well as any applicable taxes and other charges, when due.

 

Charges. PCMR reserves the right to charge any amount owed by you under this Agreement to your credit card or bill you directly for such amounts at any time after the conclusion of the Services.

 

Late/Chargeback Fees; Attorneys’ Fees. For any amount (a) not paid to PCMR when due; or (b) paid by you via credit card which (1) the credit issuer (the ‘issuer’) later rejects or refuses to pay, or (2) PCMR is later required to reimburse the issuer (each, a ‘chargeback’), then in each case, PCMR reserves the right to charge and you agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable laws, which is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, you agree to pay all collection costs, including reasonable attorney’s fees, incurred by PCMR in collecting any amounts that you owe to PCMR, whether incurred before or after civil litigation is commenced.

 

Performance of the Services

With respect to any claim that any of the Services were deficient, you must notify PCMR within five (5) calendar days following PCMR’s performance of such Services. If you fail to give PCMR written notice of such deficiency within such 5-day period, PCMR will not be required to remedy such deficiency. Provided that you give PCMR notice in accordance with this paragraph, PCMR agree to use commercially reasonable efforts to remedy such deficiency and, in connection therewith, you agree to give PCMR reasonable access to your Computer Systems and Devices covered by the Services, as well as access to your home or office premises if necessary, to enable such efforts. If PCMR, using commercially reasonable efforts, is unable to remedy any deficiency in Services provided, the PCMR, in its sole discretion, may elect to issue you a refund for the deficiencies on Services provided, as specified below. Notwithstanding that foregoing, PCMR’s liability to you shall be limited as specified in this Agreement.

 

Refund Policy

Fees for prior months of Services are nonrefundable. If PCMR is unable to remedy a deficiency in the Services, PCMR may elect to issue you a refund for the applicable deficiency based on the Services provided, in PCMR’s sole discretion. If it is deemed that a refund is due, a credit will be issued to the credit card that was used to purchase PCMR’s Services.

 

 

PCMR Subscription, Modification, and Cancellation Terms 

 

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

 

You can stop using our Services at any time, although we’ll be sorry to see you go. PCMR may also stop providing Services to you or add or create new limits to our Services at any time.

 

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

We offer 3 contract terms for our Consumer Subscription Plan.

 

  1. Monthly – A monthly subscription is charged on the first day of each month and is automatically renewed month to month. You can terminate your subscription at any point after the first 90 days of the term.

  2. Annually Paid Monthly – An annual subscription paid monthly is 12 equal payments charged on the first day of each month. If you would like to terminate your term early there will be charged 50% of your remaining payments at the time of termination.

  3. Annually Paid Annually – An annual subscription paid annually is charged the full annual amount at the beginning of the term. If you would like to terminate your term early, you will be refunded up to 50% of your remaining payments at the time of termination.

 

Recurring services begin as soon as your initial payment is processed. You will be charged the rate stated at the time of purchase, plus applicable taxes (such as value-added tax when the stated rate does not include VAT), every month for the duration of your annual contract. If the applicable VAT rate (or other included tax or duty) changes during your one-year term, the tax-inclusive price will adjust accordingly. Your contract will renew automatically, on your annual or monthly renewal date, until you cancel. Should you cancel within the first 14 days, you will be charged 50% of your remaining contract obligation and your service will continue until the end of that month's billing period. Cancellations can be made any time by contacting customer support at (660) 864-0039 or emailing support@pcmrcomputers.com.

About These Terms

 

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

 

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

 

These terms control the relationship between PCMR and you. They do not create any third-party beneficiary rights.

 

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

 

If it turns out that a particular term is not enforceable, this will not affect any other terms.

 

The laws of Missouri, U.S.A. will apply to any disputes arising out of or relating to these terms of the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in federal or state courts of Johnson County, Missouri, USA, and you and PCMR consent to personal jurisdiction in those courts.

 

For more information about how to contact PCMR, please visit our contact page.