PCHOMEUSA WEBSITE TERMS OF USE

Effective as of April 21, 2014

PLEASE READ THE TERMS OF USE CAREFULLY

  1. ACKNOWLEDGEMENT AND ACCEPTANCE.
    1. PChome US Inc. (“Site Operator”) provides, through use of its web site, PChomeUSA (www.pchomeusa.com) (the “Site”), and its services and products (collectively, the “Services”), an online marketplace and related tools that allow users of the Site and the Services to directly buy and sell products, goods and services from and to each other.
    2. The Site and the Services are owned and operated by the Site Operator and are provided under the following terms and conditions and any operating rules, policies, procedures and terms related to their use that may be published from time to time on the Site or otherwise provided to you by the Site Operator (collectively, the “Terms of Use”).
    3. The Terms of Use govern your access to and use of the Site and the Services, including, without limitation, your access and use of the public areas of the Site (“Public Areas”), as well as Members’ (as defined below) access to and use of certain restricted areas and features of the Site (“Member Areas”). Unless otherwise indicated, the term “Site” as used throughout the Terms of Use shall include the Public Areas and the Member Areas. For the purposes of the Terms of Use, “you” or “your” shall refer to you as a Member or other visitor of the Site or as a user of any of the Services (in each case, a “User”).
    4. The Services are controlled and offered by Site Operator from its facilities in the United States of America. Site Operator makes no representations that the Site or any of the Services is appropriate or available for use in other jurisdictions. If you are a non-U.S. resident and you access the Site or any of the Services, you do so at your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Site or the Services, or any of the Content (as defined below) available thereon or in connection therewith, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. By purchasing any product, good or service from the Site or via any of the Services, or by otherwise using the Site or any of the Services or downloading any technology, content or data therefrom or in connection therewith, you represent and warrant that you will not transfer, by electronic transmission or otherwise, any such product, good, service, technology, content or data in violation of any such laws.
    5. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THE SITE OR ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICY, DIRECTIONS FOR BUYERS, DIRECTIONS FOR SELLERS AND PAYPAL/PCHOMEPAY POLICY. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE USER TO THE TERMS OF USE. IF A USER IS NOT WILLING TO BE BOUND BY THE TERMS OF USE, DO NOT USE THE SITE OR ANY OF THE SERVICES. YOU REPRESENT TO US THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 18, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF USE ON YOUR BEHALF.
    6. The Site and the Services are not intended for Users under the age of majority in your state or country of residence (“Age of Majority”). If you are under the Age of Majority, you only may use Site or the Services with permission from your parents or legal guardians. Site Operator does not knowingly collect personally identifiable information from Users under the age of 13. Children under 13 should not send any information about themselves to Site Operator. If a child under 13 submits information through any part of Site or the Services, and Site Operator becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
  2. LICENSE GRANT AND CONTENT.
    1. Subject to the Terms of Use, Site Operator hereby grants you a nonexclusive, nontransferable right to access the Site and the information, materials, data, text, graphics, images, sound files, animation files, video files and any other material or content made available through the Site or the Services (collectively, the “Content”); provided, however, that only Members have the right to access Member Areas and the Content therein and certain other Services that are only made available to Members pursuant to the execution of a Membership agreement with Site Operator (“Membership Agreement”). Unauthorized access to the Site or any Service or to the telecommunications or computer facilities used to deliver the Site or any Service is a breach of the Terms of Use and is a violation of law. For the avoidance of doubt, Content shall not include User Generated Content (as defined below).
    2. You will protect the Content from unauthorized copying or use. Modifications of, additions to, or deletions from the Content are strictly prohibited. Except as specifically permitted in the Terms of Use or any Membership Agreement applicable to you, you shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Services in any manner which violates the Terms of Use or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Services (except as local law may permit without violation of local copyright law); (iv) copy, reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify the Content; (v) frame or utilize framing techniques to enclose, or deep link to, any name, trademark, service mark, logo, Content or other proprietary information (including, without limitation, images, text, page layout or form); (vi) use the Site, Services or the Content in any way for any public or commercial purpose or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Site Operator or its licensors, that dilutes the strength of Site Operator’s proprietary rights or the proprietary rights of its licensors; (vii) otherwise misuse the Site, Services or the Content; or (viii) permit any third party to engage in any of the acts proscribed in clauses (i) through (vii). Reproduction of the Content in any form or by any means, including, but not limited to, information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without Site Operator’s written permission is forbidden. Any special rules for the use of certain Content or Services may be included elsewhere within the Site, otherwise provided to you by Site Operator, or contained in another written agreement between you and Site Operator, and are incorporated into the Terms of Use by reference.
    3. The Site is owned and operated by Site Operator. Unless otherwise noted, the Content is owned by Site Operator or its affiliates, if any, or is licensed by Site Operator from third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site or in the Content on any authorized copy thereof. The Site and the Services are protected by United States and foreign copyright, trademark, service mark, trade name and other intellectual property and proprietary rights, and all other applicable rights are hereby reserved by Site Operator.
  3. MEMBER AREAS.

    Members access the Member Areas through a combination of a unique user name (“Username”) and a password (“Password”) set by Members (certain restrictions on the combination of Username and Password apply). Each Member is responsible for maintaining the confidentiality of his, her or its own Username and Password. Furthermore, each Member is entirely responsible for any and all activities which occur under his, her or its Username and Password. Member agrees to immediately notify Site Operator of any unauthorized use of the Member Areas or a Member’s account or any other breach of security known to Member. Although Site Operator will not be liable for losses caused by any unauthorized use of Member’s account, Member may be liable for the losses of Site Operator or others due to such unauthorized use. Member is solely responsible for (a) any charges, damages, or losses that may be incurred or suffered as a result of Member’s failure to maintain the strict confidentiality of the applicable Username and Password; and (b) promptly informing Site Operator in writing of any need to deactivate any Username and Password due to security concerns. In order to use the Member Areas, a User must: (i) provide certain current, complete and accurate information about himself, herself or itself (“Member Data”); and (ii) maintain and update the Member Data as required to keep information current, complete and accurate. All Users shall arrange for their own access to all equipment (including, without limitation, a computer) necessary to establish an Internet connection, provide for their own access to the Internet and pay any fees associated with such access. Site Operator retains the right to terminate a Member’s rights to use the Member Area or any Services provided in connection therewith if any Member Data provided by Member is untrue, inaccurate, not current or incomplete, or if Site Operator has reasonable grounds to believe that any Member Data is untrue, inaccurate, not current, or incomplete, or if the Member otherwise breaches the Terms of Use. Upon expiration or termination of the applicable Membership Agreement, Member’s right to use the Member Area shall immediately cease.

  4. PRIVACY POLICY.

    Member Data and other information, including, without limitation, personal information, about Users will be treated in accordance with the Site’s Privacy Policy. In addition to the restrictions on disclosure of Member Data and other personal information as set forth in the Privacy Policy, Site Operator will not disclose any personal information about a User unless authorized by such User or unless Site Operator is required to do so by law or in the good faith belief that such action is necessary to: (a) conform with applicable laws or comply with legal process; (b) protect and defend the rights or property of Site Operator or its licensors; or (c) enforce the Terms of Use.

  5. USER CONDUCT.
    1. You agree that when using the Site or any Service, you will act in a manner consistent with the goals thereof. You may have the opportunity to post, stream, transmit or otherwise provide documents, videos, ideas, remarks, questions, comments, data, graphics, opinions, designs or other content (collectively “User Generated Content”). You retain ownership to User Generated Content submitted on the Site. However, by submitting your User Generated Content to Site Operator, you hereby grant to Site Operator and its affiliates the worldwide, royalty-free, non-exclusive, sub-licensable and transferable right and license to use, host, cache, store, archive, index, reproduce, publicly perform and publicly display the User Generated Content. Any personal information, User Generated Content or other information that you provide to Site Operator in connection with the use of the Site or the other Services shall not:
      • intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
      • use any spider, robot or other automated device or automated or manual process to copy, monitor, or keep a database copy of the Content or any portion of the applicable Site or Service;
      • use the Site or any such Service to create any fraudulent or false inquiry or account;
      • transmit or post any abusive, threatening, unlawful, defamatory, libelous, false, misleading indications of origin or statements of fact, vulgar, obscene, indecent, sexually explicit, pornographic, profane or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by the Terms of Use;
      • access or use the Site or any such Service in any way that, in Site Operator’s sole discretion, adversely affects the function or performance thereof or any other networks or computer systems used by Site Operator or any other Users, or infringes on Site Operator’s or any third party’s rights of privacy or publicity or any proprietary rights;
      • transmit or upload to the Site, or use in connection with such Service, any software, device or routine that contains viruses, worms, time bombs, Trojan horses or other computer programming routines that may interfere with or attempt to interfere with, damage or in any way intercept the normal operation of the Site or such Service, or take any action that imposes an unreasonable load on the computing platform related thereto;
      • post information on or download information from the Site or such Service unless you have all rights and authority necessary to do so;
      • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material available through the use of the Site or such Service;
      • attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Site Operator’s servers or software, or any areas of the Site not intended for your access;
      • post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Site Operator for such purposes;
      • harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles; or
      • create any liability for Site Operator or cause Site Operator to lose (in whole or in part) the services of Site Operator’s Internet service provider(s), web hosting company or other suppliers.


      Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of your account or your access to the Site or the Services, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Site Operator. You acknowledge that Site Operator is not responsible for and does not assume any liability for Users’ acts or omissions in connection with the use of the Site or any Service, including, without limitation, with respect to the aforementioned activities. If you are or become aware of or experience any Content, activity or communication through or in connection with the Site or the Services that appears to be in violation of the above, or in violation of any other provision of the Terms of Use, please inform Site Operator of any such violation by sending notification to Customer Service. If you believe your access to the Site or any Service has been terminated in error, please contact Customer Service. Site Operator shall not have any liability to you or to any third party in respect of any limitation or suspension of your access to the Site or any Service.

    2. You are solely responsible for the content of any communications by you with third parties (including, without limitation, with other Users), including any communications about, concerning or through the Site or the Services. You agree that you will not use the Site or the Services to send unsolicited commercial or other e-mail. You shall comply with all state, provincial, federal and local laws (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although Site Operator is not responsible for any such communications, we may delete any such communications of which we become aware, at any time without notice to you. You agree and acknowledge that you shall be responsible and liable for all uses of the Site or the Services by you or by any third party on your behalf.
    3. Site Operator has the right, but not the obligation, to monitor the content of User Generated Content or any interactive feature of the Site or the Services available to Users to determine compliance with the Terms of Use and any other terms and conditions applicable to you (including, without limitation, any Membership Agreement to which you are a party). Site Operator has the right in its sole discretion to edit, refuse to post or remove any User Generated Content posted on, or other interactive feature of, the Site. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content posted by you. Under no circumstances will Site Operator or its affiliates or licensors be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content or User postings on other interactive features of the Site. Neither Site Operator nor any third party content provider shall assume or have any liability with respect to any conduct, communication or posting by a User on the Site. Any User who feels that any User Generated Content or any other User post is objectionable is encouraged to contact us immediately at Customer Service. We will make every effort to remove such content, within a reasonable time frame, if we determine that removal is necessary.
    4. Site Operator is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves Site Operator’s rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or through the Services or any interactive features thereof.
  6. COPYRIGHT NOTIFICATION.

    Site Operator does not permit copyright infringing activities and other infringement of intellectual property rights on the Site or through the Services, and Site Operator will remove any content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content in any area of the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Site Operator’s designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

    1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and an electronic mail address;
    5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Please contact Site Operator’s designated Copyright Agent by mail at PChomeUSA Legal Department, PO Box 640731, San Jose, CA 95134 or by phone at 408-855-9988 or by e-mail at cs@pchomeusa.com, in order to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Site Operator through the Contact Us area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

  7. TRADEMARKS.

    PChome, PChomeUSA, related logos and other product and service names of Site Operator are trademarks of Site Operator or its affiliates (collectively, the “Marks”). You agree not to display, reproduce or otherwise use in any manner the Marks without Site Operator’s prior written permission.

  8. LINKS.

    The Site may provide links to other web sites or resources. Site Operator is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Site Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. Site Operator provides these links and references to you only as a convenience. Unless otherwise expressly stated, a link does not imply Site Operator’s endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and Site Operator does not accept any responsibility therefore.

  9. DISCLAIMER OF WARRANTIES.
    1. THE USE OF THE SITE OR ANY OF THE SERVICES IS AT THE USER’S SOLE RISK. EACH OF THE SITE AND THE SERVICES IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SITE OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR RELIABILITY OF THE CONTENT (INCLUDING, WITHOUT LIMITATION, ANY USER GENERATED CONTENT), THE AVAILABILITY OF THE SITE OR ANY SERVICE OR PRODUCT OFFERED THROUGH THE SITE OR THE SERVICES AT ANY PARTICULAR TIME OR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE SITE OR ANY SERVICES OR THE CONTENT THEREOF, OR THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SITE OPERATOR MAKES NO WARRANTY THAT THE SITE OR ANY OF THE SERVICES OR PRODUCTS OFFERED THROUGH THE SITE OR THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR THAT THE USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES SITE OPERATOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SUCH SERVICE OR PRODUCT.
    2. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM SITE OPERATOR OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    3. WITHOUT LIMITING THE FOREGOING, SITE OPERATOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED FOR SALE BY SELLERS ON THE SITE OR THROUGH THE SERVICES.
    4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USERS.
  10. LIMITATION OF LIABILITY.
    1. UNDER NO CIRCUMSTANCES SHALL SITE OPERATOR BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SITE OR ANY OF THE SERVICES, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SITE OR ANY SERVICE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. IN EACH CASE, THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE A CONDITION OF THE OTHER PARTY ENTERING INTO THE TERMS OF USE.
    3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER. NOTWITHSTANDING THE FOREGOING, SITE OPERATOR’S LIABILITY IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED $100.00.
  11. INDEMNIFICATION.

    You agree to indemnify, defend and hold harmless Site Operator and its affiliates, directors, officers, employees and agents, from any claim, demand, liability, expense or loss, including reasonable attorneys’ fees, due to or arising out of, or in any way connected with your use of or access to the Site or any of the Services or the Content (including, without limitation, the posting of any User Generated Content by you or on your behalf), your violation of any part of the Terms of Use, or your use, or the use by any other person, of your Username or Password.

  12. USER FEEDBACK.

    Site Operator is pleased to hear from Users and welcomes your comments regarding the Site or the Services. If you send Site Operator your feedback, ideas and materials (collectively, “Feedback”), please understand that by submitting such Feedback to Site Operator, you irrevocably assign to Site Operator, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. Site Operator will be entitled to use such Feedback for any purpose whatsoever without restriction and without compensating you in any way, and by submitting Feedback, you represent to Site Operator that you have the right to do so.

  13. SITE SECURITY.

    Site Operator maintains physical, electronic and procedural safeguards and personnel policies that are designed to guard the Site, our systems and our customers’ personal information. For example, for the security of your online visit to the Site, Site Operator may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Site Operator strives to protect your personal information, we cannot ensure or warrant the security of any User Generated Content specifically or content generally you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Site Operator will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using any contact information you provide to us.

  14. MODIFICATION, WAIVERS, INTEGRATION.

    Site Operator may modify, add or remove any portion of the Terms of Use at any time and from time to time. Notification of such changes to the Terms of Use will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site or any Service covered by such Terms of Use after the posting of the modified Terms of Use constitutes your agreement to abide and be bound by such terms, as modified. Should you object to any modification, your sole recourse is to terminate your use of the Site or the Services. The Terms of Use may not otherwise be modified, except in a writing signed by both parties. Site Operator reserves the right to modify or discontinue the Site or the Services (or any portion thereof), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site or the Services. Site Operator shall not be liable to you or any third party in the event that Site Operator exercises its right to modify or discontinue the Site or the Services (or any portion thereof). Unless explicitly stated otherwise, any new features that augment or enhance the current Site or Services shall be subject to the Terms of Use. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. The Terms of Use (and in the case of Members, the Terms of Use and the applicable Member Agreement) constitute the entire agreement of the parties with respect to the matters contemplated hereby.

  15. NOTICES.

    Any notice or other communication required or permitted to be made under the Terms of Use may be delivered in person, by facsimile, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means. Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by facsimile during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of Site Operator, below, (ii) in the case of a Member, in the Member Data, or (iii) in the case of any other User, to the last address provided by such User (if any). Either party may from time to time change its address for receiving notices in writing, or its electronic address, by posting a change of address on the Site or by sending a notice to the other party in writing or by electronic means promptly confirmed in writing. Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of the Terms of Use, may alternatively be made electronically to the electronic addresses set forth (1) in the case of Site Operator, below, (2) in the case of a Member, to the e-mail address or other contact information included in the Member Data, or (3) in the case of any other User, to the e-mail address or other contact information last provided to Site Operator by such User (if any). Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. Site Operator may also broadcast notices or messages on the Site; and such broadcasts shall constitute notice to Users. When you visit the Site, use the Services or send emails to Site Operator, you are communicating with Site Operator electronically. You consent to receive communications from Site Operator electronically.

  16. ASSIGNMENT.

    You shall not assign or otherwise transfer the Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without Site Operator’s prior written consent. Any attempted transfer or delegation by you without Site Operator’s consent will be void. The Terms of Use will bind and inure to the benefit of each party's successors and permitted assigns.

  17. SEVERABILITY.

    The invalidity or unenforceability of any one or more sections of the Terms of Use shall not affect the validity or enforceability of its remaining provisions.

  18. GOVERNING LAW AND JURISDICTION.

    All matters arising from or relating to the use and operation of the Site will be governed by and interpreted in accordance with laws of the State of California, without reference to principles of conflicts of law. The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located in Santa Clara, California. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party, at the address indicated in Section 15. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THE TERMS OF USE.

  19. THIRD PARTIES.

    The Terms of Use shall confer no rights upon any other party other than the parties hereto.

  20. ACKNOWLEDGMENT.

    You acknowledge that you have read and understand the Terms of Use, and that the Terms of Use have the same force and effect as a signed agreement.

PChome US Inc.
PO BOX 640731
San Jose, CA 95134
Phone: 408-855-9988
Email: cs@pchomeusa.com