License to Use Site
Subject to your performance of all of the provisions of these Terms and Conditions, the Company hereby grants you a limited, terminable, personal, non-exclusive license to access and use the Website solely as provided herein. You may download material displayed on the Website for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without the Company's prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Website is not transferable. You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms and Conditions.
Additional User Representations
By using the Website, you represent, warrant and covenant that you: (i) have the power and authority to enter into the Terms and Conditions; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Website only as set forth in these Terms and Conditions; and (iv) are thirteen years of age or older to place orders on the Website. If you are under the age of 13, you are not allowed to purchase any products or services via the Website. If you are between the ages of 13 and 18, we recommend that you check with your parent or guardian prior to purchasing any products or services from CureMyPC.com.
Credit Card Payments
You hereby authorize the Company to charge all amounts owed to the Company hereunder, to the credit card you provide to the Company. Questions regarding charges must be brought to the attention of the Company within thirty (30) days after the end of the questioned billing period. Charges beyond thirty (30) days old are not subject to review. Once purchased by you, services are non-refundable, except at the Company’s sole discretion.
Copyright and Trademark
All content on the Website, including but not limited to design, text, graphics, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), is the proprietary property of the Company and protected by copyright. All rights reserved. No Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Company Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company, including without limitation the CUREMYPC name and logo.
All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product or service sold through the Website at any time in our sole discretion. The Company shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall issue a credit to your credit card account.
The Company is not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website or the Company's services. Without limiting the foregoing, everything on the Website is provided to you “AS IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOR DOES THE COMPANY MAKE ANY GUARANTEES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR THE PRODUCTS, CONTENT OR SERVICES OFFERED THEREIN.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You shall indemnify, defend and hold harmless the Company, its officers, directors, employees, suppliers, agents, subsidiaries, affiliates, successors and assigns (each an “Indemnitee”) from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of the Terms and Conditions; (b) your use of the Website and any transaction or other activity that arises from or is otherwise related to the Website; (c) any and all claims, demands, legal action or judgments arising out of or relating to any use, modification or enhancement of the products or services you purchase from the Company; and/or (d) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.
Limitation Of Liability
The Company shall not have any liability or obligation to you or any other person for any claim, loss, damage or expense caused in whole or in part, directly or indirectly, by the inadequacy of any products or service for any purpose, by any deficiency or defect in any service whether or not covered by any warranty, by the use or performance of any products or service or by any delay in the Company’s performance or for any special, direct, indirect, incidental, consequential, exemplary or punitive damages, however caused, including without limitation, property damage, personal injury or loss of business or profit, whether or not you informed the Company of the possibility or likelihood of any such damages. Additionally, except in jurisdictions where such provisions are restricted, the Company shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, whether foreseeable or not, that are in any way related to the Terms and Conditions, the breach thereof, the use or inability to use the Website, the results generated from the use of the Website or the Company's services, loss of goodwill or profits, lost business however characterized and/or from any other cause whatsoever. THE COMPANY'S TOTAL LIABILITY HEREUNDER WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD ON THE WEBSITE SHALL IN NO EVENT EXCEED THE PRICE PAID BY YOU FOR SUCH PRODUCT OR SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Communications On Internet; Events Beyond Our Control
Use of the Website and the products sold thereon is at your sole risk and neither the Company nor any of its affiliates, suppliers, employees or agents warrant that the Website will be uninterrupted, timely, accurate, complete or error-free or that errors, if any, will be corrected. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any damages of any kind arising from the use of this Website or the services sold thereon. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
While the Company has endeavored to create a secure and reliable Website, the Company and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company is not responsible for failure to receive an order or technical problems that may hinder the efficacy of an order. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Website may be temporarily unavailable from time to time for maintenance or other reasons.
This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in California.
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Company in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, the Company may delete and/or store, in its discretion, data associated with your use of the Website. The Company may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.
Modifications to this Agreement
The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.
The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, contact the Company at:Legal.