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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
PC
Operative
Web site means that you accept those changes.
Restrictions on Use of Our Online Materials
All Online Materials on the
PC
Operative site, including, without
limitation, text, software, names, logos, trademarks, service marks, trade
names, images, photos, illustrations, audio clips, video clips, and music are
copyrighted by their respective owners.
All usage rights are owned
and controlled by
PC
Operative
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
PC
Operative
site. Any attempts to modify any Online Material, or to defeat or circumvent our
security features is prohibited.
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
PC
Operative 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 to Us
All remarks, suggestions, ideas, graphics, comments, or other information that
you send to
PC
Operative through our site (other than information we promise
to protect under our privacy policy becomes and remains our property, even if
this agreement 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
PC
Operative's 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
PC
Operative 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 SITE
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 "INCIDENTAL 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 Sites
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
PC
Operative
-operated site or have moved to another site.
PC
Operative
is not responsible for the content or practices of third party sites that may be
linked to our site. When
PC
Operative
provides links or references to other Web sites, no inference or assumption
should be made and no representation should be inferred that pcoperative.com is
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
PC
Operative
site or endorsement, sponsorship or support of pcoperative.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
PC
Operative Web site, along with all related documentation and all copies
and installations.
PC
Operative
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
PC
Operative
is entitled to terminate all or any part of any of its Web site without notice
to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance
with the laws of The State of Delaware, 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
PC
Operative
and/or its affiliates' intellectual property rights,
PC
Operative
and/or its affiliates may seek injunctive or other appropriate relief in any
state or federal court, and you consent to exclusive jurisdiction and venue in
such courts.
Any other disputes will be resolved as follows:
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: New
Castle County, Delaware. 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: New Castle County,
Delaware, under the
rules of the American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to do so.
Every effort has been made to accurately represent our products and their
potential.
PC
Operative may modify these Terms of Use, and the agreement they create, at
any time, 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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