Terms & Conditions
| TERMS AND CONDITIONS OF USE |
This Web site contains links to Web sites, web pages and services also operated by Professional Computing Solutions ("PCS") or its affiliates (the "Other PCS Sites"), and your use of each Other PCS Site is subject to the Terms and Conditions of Use and such other terms and guidelines, if any, as are contained within each PCS Site. In the event that any of the Terms and Conditions of Use conflict with the other terms and guidelines contained within any particular PCS Site, then the other terms and guidelines for such PCS Site shall control. You agree to click on the links to and familiarize yourself with the Terms and Conditions of Use and other terms and guidelines found throughout this Web site and the Other PCS Sites and abide by them if you choose to use the sites, pages or services to which they apply.
This Web site is for your personal and non-commercial use. Except as expressly agreed herein, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
This Web site may include inaccuracies or typographical errors. PCS and the third parties that provide content on this site may make improvements and/or changes in the products, services, programs, and prices described in this Web site at any time without notice. Changes are periodically made to the Web site.
Any controversy or claim arising out of or relating to the Terms and Conditions of Use, or the products and services offered at this Web site, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The exclusive venue for any proceeding arising out of or relating to the Terms and Conditions of Use, or the products and services offered at this Web site, shall be as follows: any arbitration shall be conducted in Ottawa County, Michigan, USA and judgment on the arbitration award may be entered in any court having jurisdiction thereof but either you or PCS may seek any interim or preliminary relief necessary to protect the rights or property of you or PCS pending the completion of arbitration from a court of competent jurisdiction in Ottawa County, Michigan, USA. Any action related to this Web site will be governed by Michigan law and United States federal law.
Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions of Use, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PCS as a result of use of this Web site or the existence of the Terms and Conditions of Use.
Use of this Web site is subject to existing laws and legal process, and nothing contained herein shall limit PCS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by PCS with respect to such use. If any part of the Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
A printed version of the Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Web site or the Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved.
The Terms and Conditions of Use represent the entire understanding relating to the use of this Web site and prevail over any prior or contemporaneous, conflicting or additional, communications. PCS can revise the Terms and Conditions of Use at any time without notice by updating this posting.
SOFTWARE AVAILABLE AT THIS WEB SITE
Unless otherwise expressly state herein, any software that is made available to you to download from this Web site (the "Software") shall be the copyrighted work of PCS and/or its suppliers. In any event, your use of the Software shall be governed by the terms of the end user license agreement which accompanies or is included with the Software (the "License Agreement"). You shall not install any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY set FORTH IN THE LICENSE AGREEMENT, SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND PCS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL PCS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, AVAILABLE FROM THIS WEB SITE, AND WHETHER OR NOT PCS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOCUMENTS AVAILABLE AT THIS WEB SITE
Permission to use documents (including white papers, press releases, datasheets and FAQs, but not Software, "Documents") from this Web site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Web site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of this Web site or any Other PCS Site. Elements of this Web site and Other PCS Sites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Web site or any Other PCS Site may be copied or retransmitted unless expressly permitted by PCS.
PCS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN THIS WEB SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PCS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL PCS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, AND WHETHER OR NOT PCS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LINKS TO THIRD PARTY SITES
Certain links in this Web site will let you leave this Web site for Web sites, web pages or services not operated by PCS or its affiliates ("Third Party Sites"). Third Party Sites are not under the control of PCS and PCS is not responsible for the contents of any linked Third Party Site or any link contained in a Third Party Site, or any changes or updates to such Third Party Sites. PCS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PCS of the site.
USE OF ONLINE FORUMS
If this Web site contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. Without limiting the foregoing, you agree that you will not:
o Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
o Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
o Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
o Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
o Advertise or offer to sell any goods or services for any commercial purpose;
o Conduct or forward surveys, contests, pyramid schemes or chain letters;
o Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;
o 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 contained in a file that is uploaded; and
o Restrict or inhibit any other user from using and enjoying the Forum.
PCS reserves the right to terminate your access to any or all of the Forums at any time without notice for any reason whatsoever.
PCS has no obligation to monitor the Forums. However, PCS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PCS's sole discretion.
You acknowledge that all Forums are public and not private communications, therefore your communications may be read by others without your knowledge. PCS does not control or endorse the content, messages or information found in any Forum and, therefore, PCS specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in any Forum. Forum managers and hosts are not authorized PCS spokespersons, and their views do not necessarily reflect those of PCS.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Web site, you are granting PCS permission to:
o Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication; and
o Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
TRADEMARKS
Products and company names mentioned herein may be the trademarks of their respective owners. Please contact PCS with any questions or comments at:
Professional Computing Solutions
190 East 8th Street, #1618
Holland, Michigan 49422
USA
