Terms of Use

Acceptance of Terms

Everything Computes Corporation ("Everything Computes") makes this website (the "Site"), including all information, documents, Content (as defined below), materials, software and services (the "Materials") available on the Site, available to you for your personal, non-commercial use subject to the terms and conditions set forth in this legal agreement ("Terms of Use"). By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. Everything Computes reserves the right to change the Terms of Use from time to time at its sole discretion, without prior notice to you. By using the Site, you agree to be bound by any such revisions and are responsible for periodically visiting this page to review the then current Terms of Use. If you do not agree to the Terms of Use, do not use the Site.

If you do not abide by the provisions of the Terms of Use, Everything Computes may deactivate or delete your user account and/or bar any further access to the Materials, and/or the Site. Furthermore, Everything Computes may, without liability and without prior notice to you, alter, suspend, or discontinue the Site or any of the Materials on the Site at any time and for any reason.

Use of Site Information

Permission is granted to display, copy, distribute and download the Materials on the Site for personal, non-commercial use only, provided that, except as otherwise specified in the applicable license agreement, you do not modify the Materials and you retain all copyright and other proprietary notices contained in the Materials. These rights do not extend to the design or layout of the Site. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

For permission to use third party Materials appearing on the Site, please contact the owner of such materials or review the applicable license agreement.

Account Security

In the event you are required to open an account on the Site, you are responsible for maintaining the confidentiality of your password and/or account and for any and all activities that occur under your account. You agree to notify Everything Computes immediately of any unauthorized use of your account or any other breach of security. Everything Computes will not be liable for any loss or damage whatsoever that results from someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by Everything Computes or another party due to someone else using your account or password. You may not misrepresent yourself or use anyone else's account at any time, without permission of the account holder.

Content Provided to Everything Computes or Posted on the Site

Portions of the Site invite you to post content created by you or to participate in discussion forums. In relation to these activities, you represent and warrant that all data, text, source code, software, messages, ideas, opinions or other information or materials posted or made available through the Site ("Content"): (i) do not infringe, misappropriate or violate the intellectual property rights, publicity or privacy rights of others; (ii) are not confidential or trade secret information, or subject to your privacy interests; (iii) are not inaccurate, harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable person; and (iv) do not violate any law, ordinance, or regulation of any country, state or locality. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR YOUR CONTENT SUBMITTED TO THE SITE AND THAT YOU ARE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF SUCH CONTENT.

Everything Computes does not claim ownership of the Content. However, by posting or submitting your Content, you are granting Everything Computes, its affiliated companies and necessary sublicensees' permission to use, subject to any applicable license agreements, your Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; to publish your name in connection with your Content; and the right to sublicense such rights.

Everything Computes has no obligation to monitor the Content posted to the Site. However, Everything Computes reserves the right to review Content posted to the Site and to remove any Content in its sole discretion. Everything Computes is not responsible for any failure to remove or delay in removing harmful, inaccurate, defamatory, unlawful, or otherwise objectionable Content originating with or otherwise provided by third parties. In no way shall Everything Computes have any liability whatsoever in relation to any Content.

Materials Available from the Site

The software and accompanying documentation, if any, that is made available for download from the Site is the copyrighted work of Everything Computes and/or other third parties (the "Software"). Downloading and use of the Software is subject to the terms of the applicable license agreement that accompanies or is included in the Software. If you do not agree to these terms, you are not authorized to download or use the Software.

Certain portions of the Site permit to you to upload open source code or have Everything Computes post your open source code to the Site on your behalf. In relation to such Content, you agree that any open source code you submit to a Everything Computes project will be submitted under, and subject to, the license required for that project. You acknowledge and agree that you are responsible for including all applicable copyright and other notices and licenses with your Content, and that you assume the risks of failing to do so, including the potential loss of your rights to your Content.

You are reminded that, in the event that you opt to download Materials from the Site, including but not limited to Software and Content, you do so at your own risk.

No Additional Rights

You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Site, Everything Computes Software and Everything Computes Materials, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of Everything Computes, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use Everything Computes's name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from Everything Computes.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN A LICENSE AGREEMENT ACCOMPANYING SOFTWARE DOWNLOADED FROM THE SITE OR OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Everything Computes, ALL MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE SITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM SUCH ACTIVITIES.

WITHOUT LIMITING THE FOREGOING, Everything Computes MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED; AND, (VI) THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Liability

IN NO EVENT SHALL Everything Computes, ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER IN RELATION TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF Everything Computes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. Everything Computes IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN NO EVENT SHALL Everything Computes'S (OR ITS SUPPLIERS' OR LICENSORS') MAXIMUM AGGREGATE LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED $1 U.S. DOLLAR. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

By using the Site, you agree to indemnify, defend and hold harmless Everything Computes and its affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any Content uploaded, posted or transmitted on or through the Site, and/or (c) your activities in connection with the Site.

Links to Third Party Sites

The Site contains links to other sites on the Internet that are not within Everything Computes's control and are owned and operated by Everything Computes's partners, customers and other third parties (the "External Sites"). When you leave the Site and access an External Site, you do so entirely at your own risk and Everything Computes shall have no liability with respect to such External Sites.

Privacy Policy Statement

The terms of Everything Computes's Privacy Policy Statement ("Privacy Policy") are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy.

International Users

The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that Everything Computes intends to announce such products, services or programs in your country. Everything Computes makes no representation that Materials on the Site are appropriate or available for use in locations outside of Canada and the United States and access to the Materials from territories where they are prohibited is illegal. If you choose to access the Site from outside Canada or the United States, you do so on your own initiative and are responsible for compliance with local laws.

Choice of Law and Jurisdiction

These Terms of Use are governed by the laws of the Broward County. Florida and applicable federal laws of the United States without regard to choice of law rules or the United Nations Convention on the International Sale of Goods. With respect to any disputes relating to these Terms of Use, you agree to submit to the exclusive personal jurisdiction and venue of the courts in Broward County, Florida.

General

The Terms of Use and the Privacy Policy constitute the entire agreement between Everything Computes and you and govern your use of the Sites. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by Everything Computes, as described in "Acceptance of Terms" above. If any provision of the Terms of Use is determined to be unlawful, void or for any reason, or unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by Everything Computes to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms. Only individuals who are thirteen (13) years of age or older may access and use this Site.

Trademarks

The following are trademarks or registered trademarks of Everything Computes Corporation: EverythingComputes.com, ExtremeSupport.net, MyServiceBureau.net, EverythingComplies.net

Other product and company names displayed on the Site may be trademarks or registered trademarks of their respective owners.

Unless specifically noted to the contrary, the example companies, products, domain names, e-mail addresses, logos, people and events depicted on the Site are fictitious and no association with any real company, organization, product, domain name, e-mail address, logo, person or event is intended or should be inferred.

Contact Information

If you have any questions regarding the Site or these Terms of Use, please contact us

Last updated: April 4, 2012