Garcea Computers, LLC., Terms of Use Agreement
This document was last updated on 1-1-2010.
This Terms of Use
Agreement sets forth the standards of use of the Garcea Computers, LLC. Online
Service. By using the Garcea Computers, LLC. (http://www.garceacomputers.com)
website, you (the Member) agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon being posted at Garcea
Computers, LLC. (http://www.garceacomputers.com) website. Your continued use of
the Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1. Description of Service
Garcea Computers, LLC.
is providing Member with Content regarding Information Technology Solutions and
opinions about security practices, antivirus software, and other technology
related content.
2. Disclaimer of Warranties.
The site is provided
by Garcea Computers, LLC. on an as-is and on an as-available basis. To the
fullest extent permitted by applicable law, Garcea Computers, LLC. makes no
representations or warranties of any kind, express or implied, regarding the
use or the results of this website in terms of its correctness, accuracy,
reliability, or otherwise. Garcea Computers, LLC. shall have no liability for
any interruptions in the use of this website. Garcea Computers, LLC disclaims
all warranties with regard to the information provided, including the implied
warranties of merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of implied
warranties; therefore, the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Garcea Computers, LLC
SHALL NOT be liable for any damages whatsoever, and, in particular, Garcea
Computers, LLC. shall not be liable for any special, indirect, consequential,
or incidental damages, or damages for lost profits, loss of revenue, or loss of
use, arising out of or related to this website or the information contained in
it, whether such damages arise in contract, negligence, tort, under statute, in
equity, at law, or otherwise, even if Garcea Computers,LLC has been advised of
the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THEREFORE, SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to
indemnify and hold Garcea Computers, LLC, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees and costs, made by any third party due to
or arising out of Members use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using Members
computer, of any intellectual property or any other right of any person or
entity.
5. Modifications and Interruption to Service
Garcea Computers, LLC
reserves the right to modify or discontinue the Service with or without notice
to the Member. Garcea Computers, LLC shall not be liable to Member or any third
party should Garcea Computers, LLC. exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that Garcea Computers, LLC does
not guarantee continuous, uninterrupted, or secure access to our website, and
operation of our website may be interfered with or adversely affected by
numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include
links to other sites on the Internet that are owned and operated by online
merchants and other third parties. You acknowledge that we are not responsible
for the availability of, or the content located on or through, any third-party
site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites is subject to the
terms of use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies of
third-party sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product
specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While Garcea Computers, LLC.
makes every effort to ensure that the information on this website is accurate,
we can make no representations or warranties as to the accuracy or reliability
of any information provided on this website.
Garcea Computers, LLC. makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you acknowledge
that any reliance on representations and warranties provided by any Vendor
shall be at your own risk.
8. Governing Jurisdiction of the Courts Illinois
Our website is
operated and provided in the State of Illinois. As such, we are subject to the
laws of the State of Illinois, and such laws will govern this Terms of Use,
without giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal, or available for use
in other locations. Accordingly, if you choose to access our site, you agree to
do so subject to the internal laws of the State of Illinois.
9. Compliance with Laws.
Member assumes all
knowledge of applicable law and is responsible for compliance with any such
laws. Member may not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or international law or
regulation.
10. Copyright and Trademark Information
All content included
or available on this site, including site design, text, graphics, interfaces,
and the selection and arrangements thereof is 2010 Garcea Computers,LLC.com,
with all rights reserved, or is the property of Garcea Computers,LLC and/or
third parties protected by intellectual property rights. Any use of materials
on the website, including reproduction for purposes other than those noted
above, modification, distribution, or replication, any form of data extraction
or data mining, or other commercial exploitation of any kind, without prior
written permission of an authorized officer of Garcea Computers, LLC. is
strictly prohibited. Members agree that they will not use any robot, spider, or
other automatic device, or manual process to monitor or copy our Web pages or
the content contained therein without prior written permission of an authorized
officer of Garcea Computers, LLC.
Garcea Computers, LLC and garceacomputers.com are proprietary marks of Garcea
Computers, LLC. Garcea Computers, LLCs trademarks may not be used in
connection with any product or service that is not provided by Garcea
Computers, LLC., in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Garcea Computers,LLC.
All other trademarks displayed on Garcea Computers, LLC's website are the
trademarks of their respective owners, and constitute neither an endorsement
nor a recommendation of those Vendors. In addition, such use of trademarks or
links to the web sites of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have any affiliation with Garcea
Computers, LLC.
11. Notification of Claimed Copyright Infringement
Pursuant to Section
512(c) of the Copyright Revision Act, as enacted through the Digital Millennium
Copyright Act, Garcea Computers,LLC.com designates the following individual as
its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Garcea Computers, LLC
318 N 1st St. Rockford, IL 61107
By Telephone:
(815) 494-6050
By Email:
gcs@garceacomputers.com
12. Other Terms
If any provision of
this Terms of Use Agreement shall be unlawful, void, or unenforceable for any
reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by Garcea Computers, LLC., in our
sole discretion, to a third party in the event of a merger or acquisition. This
Terms of Use Agreement shall apply in addition to, and shall not be superseded
by, any other written agreement between us in relation to your participation as
a Member. Member agrees that by accepting this Terms of Use Agreement, Member
is consenting to the use and disclosure of their personally identifiable
information and other practices described in our Privacy Policy Statement.
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