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TERMS AND CONDITIONS OF USE
We have taken every effort
to design our Web site to be useful, informative, helpful, honest and fun.
Hopefully we’ve accomplished that — and would ask that you let us know if
you’d like to see improvements or changes that would make it even easier for
you to find the information you need and want.
All we ask is that you agree
to abide by the following Terms and Conditions. Take a few minutes to look
them over because by using our site you automatically agree to them. Naturally,
if you don’t agree, please do not use the site. We reserve the right to make
any modifications that we deem necessary at any time. Please continue to check
these terms to see what those changes may be! Your continued use of the
pcsandthings.com Web site means that you accept those changes.
Restrictions on Use of Our
All Online Materials on the
pcsandthings.com site, including, without limitation, text, software,
names, logos, trademarks, service marks, trade names, images, photos, illustrations,
audio clips, video clips, and music are copyrighted intellectual property.
All usage rights are owned and controlled by
You, the visitor, may download Online Materials for non-commercial, personal
use only provided you 1) retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials, 3) you do not use the materials
in a manner that suggests an association with any of our products, services,
events or brands, and 4) you do not download quantities of materials to a
database, server, or personal computer for reuse for commercial purposes.
You may not, however, copy, reproduce, republish, upload, post, transmit or
distribute Online Materials in any way or for any other purpose unless you
get our written permission first. Neither may you add, delete, distort or
misrepresent any content on the
pcsandthings.com site. Any attempts
to modify any Online Material, or to defeat or circumvent our security features
Everything you download, any
software, plus all files, all images incorporated in or generated by the software,
and all data accompanying it, is considered licensed to you by
pcsandthings.com or third-party licensors for your personal, non-commercial
home use only. We do not transfer title of the software to you. That means
that we retain full and complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute or sell the
material or to reverse-engineer, disassemble or otherwise convert it to any
other form that people can use.
Submitting Your Online Material
All remarks, suggestions, ideas,
graphics, comments, or other information that you send to
pcsandthings.com through our site (other than information we promise to protect
is later terminated.
That means that we don’t have
to treat any such submission as confidential. You can’t sue us for using ideas
you submit. If we use them, or anything like them, we don’t have to pay you
or anyone else for them. We will have the exclusive ownership of all present
and future rights to submissions of any kind. We can use them for any purpose
we deem appropriate to our
pcsandthings.com mission, without
compensating you or anyone else for them.
You acknowledge that you are
responsible for any submission you make. This means that you (and not we)
have full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
Limitation of Liability
WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM
YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED
TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN
LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS
OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE
BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS
MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL"
OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES,
THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT
HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY
TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND
(WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED
TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED
UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID
IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals
to and links to other World Wide Web sites from our site. Such a link should
not be seen as an endorsement, approval or agreement with any information
or resources offered at sites you can access through our site. If in doubt,
always check the Uniform Resource Locator (URL) address provided in your WWW
browser to see if you are still in a
site or have moved to another site.
pcsandthings.com is not
responsible for the content or practices of third party sites that may be
linked to our site. When
pcsandthings.com provides links or
references to other Web sites, no inference or assumption should be made and
no representation should be inferred that
connected with, operates or controls these Web sites. Any approved link must
not represent in any way, either explicitly or by implication, that you have
received the endorsement, sponsorship or support of any
pcsandthings.com site or endorsement, sponsorship or support of
pcsandthings.com, including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective
until terminated by either party. You may terminate this agreement at any
time, by destroying all materials obtained from all pcsandthings.com
Web site, along with all related documentation and all copies and installations.
pcsandthings.com may terminate this agreement at any time and
without notice to you, if, in its sole judgment, you breach any term or condition
of this agreement. Upon termination, you must destroy all materials. In addition,
by providing material on our Web site, we do not in any way promise that the
materials will remain available to you. And
is entitled to terminate all or any part of any of its Web site without notice
Jurisdiction and Other Points
If you use our site from locations
outside of the United States, you are responsible for compliance with any
applicable local laws.
with the prevailing laws of East Lothian, Scotland, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To the extent you have in any
manner violated or threatened to violate
its affiliates' intellectual property rights,
and/or its affiliates may seek injunctive or other appropriate relief in any
court with jurisdiction in
East Lothian, Scotland, and you consent
to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved
If a dispute arises under this
agreement, we agree to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location:
East Lothian, Scotland. Any costs and fees other than attorney fees associated with
the mediation will be shared equally by each of us.
If it proves impossible to arrive
at a mutually satisfactory solution through mediation, we agree to submit
the dispute to binding arbitration at the following location:
East Lothian, Scotland, under the prevailing rules and laws of that
locale. Judgment upon the award rendered by the arbitration may be entered
in any court with jurisdiction to do so.
simply by updating this posting and without notice to you. This is the ENTIRE
agreement regarding all the matters that have been discussed.
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