TERMS & CONDITIONS
PCI Education Terms and Conditions WebSite Terms and Conditions
PCI EDUCATION TERMS AND CONDITIONS
CONTRACT: The buyer’s acceptance of any goods purchased from PCI Educational Publishing or any of its affiliates shall constitute agreement to the terms and conditions set forth herein. This contract constitutes the sole agreement between the buyer and PCI; however, it will be affected by specific terms and conditions published by PCI and any agreements, amendments, or waivers agreed to in writing. In addition, PCI shall not be held responsible for any contrary or inconsistent terms appearing on the buyer’s purchase orders, acknowledgements, or other documents.
MERCHANDISE: “Merchandise” refers to all goods, or any portion of goods, described in the buyer’s purchase orders submitted to PCI. All packaging, instructions, and other materials included with goods are also considered to be merchandise.
GUARANTEE: If you are not satisfied with a purchase, please call PCI within 30 days of the shipping date for a return authorization number. Products must be in new and resalable condition and in the original packaging. The shipping cost must be prepaid. Include a copy of the invoice with the return authorization number to ensure proper credit.
RETURNS: Merchandise may be returned in accordance with PCI’s standard practices and procedures and pursuant to any and all terms and conditions set forth herein; however, special orders cannot be returned. The buyer will assume all risks and expenses for returning any merchandise. In addition, PCI shall not accept returned goods without prior authorization after such goods are accepted by the buyer. Goods may not be returned prior to the company’s written or verbal consent and issuance of a return authorization number. For complete instructions for returning merchandise, please click here: 30 Day Return Policy.
REFUNDS: In order to receive a refund for the item(s) purchased, the item(s) must be returned with a written request for a refund within 30 days of the shipment date. Otherwise, a credit will be issued to the buyer. (All credits expire one year from date issued). The item(s) must be complete and in good and resalable condition. PCI reserves the right to issue a partial credit, deducting any costs incurred to restore returned merchandise to good and resalable condition. If a buyer has paid for an order with a credit card, the refund must be applied to the same credit card; a refund check will not be issued.
DAMAGE POLICY: The buyer agrees to fully inspect all received goods at the time of delivery. In the event that such inspection reveals that any goods are damaged, the buyer shall have the right to reject such goods. The buyer must then notify PCI of any such damage. If PCI is not notified of the damage in writing or by phone within ten days of receipt, the buyer shall be deemed to have accepted the goods delivered. Such acceptance shall constitute the buyer’s irrevocable acceptance of the goods and a waiver of any and all claims the buyer may otherwise have against PCI with respect to these goods.
DELIVERY AND FREIGHT TERMS: All dates quoted for merchandise shipment are only estimates and are not guaranteed. PCI may make partial deliveries, unless otherwise specified on the purchase order. PCI will endeavor to meet the quoted shipment dates but shall have no liability for any delay in shipment or delivery. PCI shall not be held responsible for any damage or loss incurred by the buyer due to delays in shipment or delivery. In no event shall PCI be liable to the buyer or any third party for any lost profits or incidental, special, or consequential damages. All freight charges are prepaid.
RISK OF LOSS: Unless otherwise indicated in the governing freight terms, risk of loss passes to the buyer when PCI ships the merchandise.
CLAIMS: All claims related to the shipment, applicable invoice, and/or merchandise must be made in writing within ten days of the buyer’s receipt of shipment. A claim may be made for a damaged item, an item missing from the original shipment, the wrong item received, or a short-shipped number of boxes. Any request for proof of delivery must be made within 180 days or six months of the invoice date.
LIMITED ELECTRONIC WARRANTY: PCI warrants to the buyer that all electronic goods are free from defects in material and workmanship under normal and intended use and service. All electronic products are warranted for one year from the purchase date. If any item is defective within 90 days of shipping and is in resalable condition, PCI will replace the item with a new product. If a PCI proprietary product is defective after 90 days of shipping and within one year of the purchase date, the buyer may return the product to PCI for repair or replacement. If a non-PCI-manufactured product is defective within 90 days of shipping and within one year of the purchase date, the buyer may return the product to PCI. PCI will contact the manufacturer to have the product repaired or replaced, as determined by the manufacturer. If a non-PCI-manufactured product is returned and is not in resalable condition, regardless of the purchase date, the product will be sent to the manufacturer for repair.
LIMITED SOFTWARE WARRANTY: PCI warrants all software to perform in accordance with its documentation for a period of 90 days from the purchase date. If software is defective within 90 days, PCI will replace it free of charge, provided it is returned in undamaged condition. This will be PCI’s only responsibility regarding defective software.
SOFTWARE LICENSE AGREEMENT: The buyer of a PCI proprietary software single license is only authorized to install and use the software on one computer within the same classroom within one school. The software may only be used by the buyer (individual or school) and may not be transferred to an individual’s home or to another organization. The buyer of a PCI proprietary software lab pack is only authorized to install and use the software on five computers. PCI proprietary software may not be externally distributed, sold, or commercially exploited. The customer agrees to indemnify PCI from and against all third-party claims related to the buyer’s use of the software.
COPYRIGHT: All PCI proprietary products, including software, are owned by PCI and are protected by U.S. and international copyright laws and international trade provisions.
BILLING AND PAYMENT: The buyer shall pay for all merchandise on or before the due date set forth in the invoice. The standard due date is net 30, unless otherwise specified. All overdue balances are subject to a finance charge equal to or less than the maximum interest rate allowed by U.S. law. When placing an order, the buyer must either prepay by check or credit card or provide a school-issued purchase order (not a requisition). Organizations that are not government funded may request credit accounts through PCI’s Credit Department.
COLLECTION FEES AND ACCELERATION: The buyer shall be responsible for all attorneys’ fees incurred by PCI in collecting its receivables hereunder and for interest on all past due amounts. The buyer shall not be responsible for amounts exceeding the maximum rates allowable by law. PCI retains the option to accelerate the buyer’s entire account debt if a payment is late.
INDEMNIFICATION: The buyer shall indemnify PCI from any and all loss, damage, cost, charge, or expense. This includes reasonable attorneys’ fees that PCI may incur due to property loss caused by the breaking of this contract by the buyer, its employees, or its agents or representatives. The buyer is also responsible for attorneys’ fees incurred by PCI due to the buyer’s distribution, resale, or promotion of PCI merchandise.
ASSIGNMENT: The buyer’s rights and obligations under this sales agreement may not be assigned to a third party without PCI’s written consent.
PCIEDUCATION.COM TERMS AND CONDITIONS
Unless otherwise indicated, this web site and its contents are the property of PCI Educational Publishing, which is part of the PCI family, and/or its subsidiaries, affiliates, or assigns. The site and its contents are protected, without limitation, pursuant to United States and international copyright and trademark laws. By accessing this web site, you agree to the following terms and conditions. If you do not agree, you have no right or license to access this web site and you should not do so.
You are authorized to download one copy of the material on this web site on one computer for your personal, non-commercial use only. In doing so, you may not remove or in any way alter any trademark, copyright, or other proprietary notice.
Except as allowed in the preceding paragraph, you may not modify, copy, distribute, republish, commercially exploit, or update any of the material on this web site without the prior consent of PCI Educational Publishing. No intellectual property or other rights in and to this web site are transferred to you.
PCI Educational Publishing MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." PCI Educational Publishing DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE WITH WHICH IT IS LINKED. PCI Educational Publishing ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this web site or any web site with which it is linked. Price information is subject to change without notice.
To the fullest extent permitted by applicable laws, PCI Educational Publishing and its employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if PCI Educational Publishing has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this web site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
To the extent that portions of this web site (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT PCI Educational Publishing HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect the views of PCI Educational Publishing. To the fullest extent permitted by applicable laws, PCI Educational Publishing shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this site.
PCI Educational Publishing reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.
You hereby represent and warrant that you have all necessary right in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
You hereby authorize PCI Educational Publishing to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that PCI Educational Publishing or such other parties see fit. You shall have no claim or other recourse against PCI Educational Publishing for infringement of any proprietary right in Postings.
You hereby agree to indemnify and hold harmless PCI Educational Publishing from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by PCI Educational Publishing directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.
Additional Guidelines for Webmasters on Linking/Repurposing/Permissioning
We at PCI Educational Publishing are very active participants in the Internet culture, and we appreciate and support its openness. We strive to produce high-quality, but hassle-free content-minimizing access problems for professors and students who use our products. Note that we can only continue in this hassle-free environment if our copyrights are respected. In short, we take copyright violations very seriously.
Repurposing our Source Code
Establishing standard hypertext links to our companion websites is a welcome extension of Internet culture, and we invite adopting faculty, or students who have purchased our texts, to establish links to our companion websites. We require no formal notice that you've linked to our site, although we do appreciate standard notifications be sent to firstname.lastname@example.org when you have done so. This will allow us to notify you in the event that the URL for a site changes, or if we remove content from our site.
Note however that the current practice known as "framing" where a link is established in such a way as to display our content in some form other than it is displayed in full view by our server, or otherwise displaying our content only partially, or without our copyright notice, is definitely uninvited, unwelcome and possibly, in violation of the law. Note that we are very willing participants in Internet culture (and we provide most of our content to the Internet community free of charge), but we do take copyright very seriously.