AGREEMENT
BETWEEN USER AND Computer Alternatives Incorporated
The Computer Alternatives Incorporated Web Site is comprised
of various Web pages operated by Computer Alternatives Incorporated.
TheComputer Alternatives Incorporated Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Computer Alternatives Incorporated Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
Computer Alternatives Incorporated reserves the right to change the terms, conditions,
and notices under which the Computer Alternatives Incorporated Web Site is
offered, including but not limited to the charges associated
with the use of the Computer Alternatives Incorporated Web Site.
LINKS
TO THIRD PARTY SITES
The
Computer Alternatives Incorporated Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are
not under the control of Computer Alternatives Incorporated, and Computer Alternatives Incorporated
is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Computer Alternatives Incorporated is not responsible for webcasting or any other form
of transmission received from any Linked Site. Computer Alternatives Incorporated, is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement
by Computer Alternatives Incorporated of the site or any association with its
operators.
NO
UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the Computer Alternatives Incorporated Web Site,
you warrant to Computer Alternatives Incorporated that you will not use the
Computer Alternatives Incorporated Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
You may not use the Computer Alternatives Incorporated Web Site in any manner
which could damage, disable, overburden, or impair the
Computer Alternatives Incorporated Web Site or interfere with any other party's
use and enjoyment of the Computer Alternatives Incorporated Web Site. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available or
provided for through the Computer Alternatives Incorporated Web Sites.
USE
OF COMMUNICATION SERVICES
The
Computer Alternatives Incorporated Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services
only to post, send and receive messages and material that
are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you
agree that when using a Communication Service, you will
not:
*
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
*
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
*
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.
*
Upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage
the operation of another's computer.
*
Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service
specifically allows such messages.
*
Conduct or forward surveys, contests, pyramid schemes
or chain letters.
*
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
*
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.
*
Restrict or inhibit any other user from using and enjoying
the Communication Services.
*
Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
*
Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
*
Violate any applicable laws or regulations.
Computer Alternatives Incorporated has no obligation to monitor the Communication Services.
However, Computer Alternatives Incorporated reserves the right to review materials
posted to a Communication Service and to remove any materials
in its sole discretion. Computer Alternatives Incorporated reserves the right
to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
Computer Alternatives Incorporated 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 Computer Alternatives Incorporated's sole discretion.
Always
use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Computer Alternatives Incorporated does not control or endorse the
content, messages or information found in any Communication
Service and, therefore, Computer Alternatives Incorporated specifically disclaims
any liability with regard to the Communication Services
and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized
Computer Alternatives Incorporated spokespersons, and their views do not necessarily
reflect those of Computer Alternatives Incorporated.
Materials
uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if
you download the materials.
MATERIALS
PROVIDED TO Computer Alternatives Incorporated OR POSTED AT ANY Computer Alternatives Incorpotated
WEB SITE
Computer Alternatives Incorporated does not claim ownership of the materials you provide
to Computer Alternatives Incorporated (including feedback and suggestions)
or post, upload, input or submit to any Computer Alternatives Incorporated
Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Computer Alternatives Incorporated,
its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation
of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection
with your Submission.
No
compensation will be paid with respect to the use of your
Submission, as provided herein. Computer Alternatives Incorporated is under
no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Computer Alternatives Incorporated's sole discretion.
By
posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission
as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY
DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE Computer Alternatives Incorporated, WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Computer Alternatives Incorporated AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Computer Alternatives Incorporated WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Computer Alternatives Incorporated WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Computer Alternatives Incorporated AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE Computer Alternatives Incorporated WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Computer Alternatives Incorporated
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL Computer Alternatives Incorporated AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Computer Alternatives Incorporated WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE Computer Alternatives Incorporated WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Computer Alternatives Incorporated WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Computer Alternatives Incorporated WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Computer Alternatives Incorporated OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
Computer Alternatives Incorporated WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Computer Alternatives Incorporated WEB SITE.
TERMINATION/ACCESS
RESTRICTION
Computer Alternatives Incorporated reserves the right, in its sole discretion, to terminate
your access to the Computer Alternatives Incorporated Web Site and the related
services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in
all disputes arising out of or relating to the use of
the Computer Alternatives Incorporated Web Site. Use of the Computer Alternatives Incorporated Web
Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency
relationship exists between you and Computer Alternatives Incorporated as a
result of this agreement or use of the Computer Alternatives Incorporated Web
Site. Computer Alternatives Incorporated's performance of this agreement is
subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Computer Alternatives Incorporated's right to comply with governmental, court and law
enforcement requests or requirements relating to your
use of the Computer Alternatives Incorporated Web Site or information provided
to or gathered by Computer Alternatives Incorporated, with respect to such use.
If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, 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. Unless otherwise specified herein,
this agreement constitutes the entire agreement between
the user and Computer Alternatives Incorporated with respect to the Computer Alternatives Incorporated Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral
or written, between the user and Computer Alternatives Incorporated, with respect
to the Computer Alternatives Incorporated Web Site. A printed version of this
agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent
an d subject to the same conditions as other business
documents and records originally generated and maintained
in printed form. It is the express wish to the parties
that this agreement and all related documents be drawn
up in English.
COPYRIGHT
AND TRADEMARK NOTICES
All
contents of the Computer Alternatives Incorporated Web Site are: and/or its
suppliers. All rights reserved.
TRADEMARKS
The
names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The
example companies, organizations, products, people and
events depicted herein are fictitious. No association
with any real company, organization, product, person,
or event is intended or should be inferred.
Any
rights not expressly granted herein are reserved.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
